VA186382013

Whereas the original respondent is the appealing party, I shall, in the interests of convenience and consistency, replicate the nomenclature of the decision at first instance.

The appellant, born January 16, 1949 is a citizen of Cameroon. On August 10, 2013 she submitted an application for a family visit visa to visit her daughter and son-in-law. The respondent refused her application under the Immigration Rules on September 26, 2013.

The appellant appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on October 22, 2013 and raised human rights in her appeal. The respondent considered those grounds of appeal but maintained her position in a letter dated February 20, 2014. On August 15, 2014 Judge of the First Tier Tribunal Majid (hereinafter referred to as the �FtTJ�) heard her appeal. He allowed the appeal under both the Immigration Rules and Human Rights in a decision promulgated on August 29, 2014.

The respondent lodged grounds of appeal on September 4, 2014 submitting the FtTJ erred in allowing the appeal under the Immigration Rules and failed to give adequate reason for allowing the appeal under article 8 ECHR. On November 7, 2014 Judge of the First-tier Tribunal Colyer granted permission to appeal finding it arguable the FtTJ may have erred for the reasons outlined in the respondent�s grounds of appeal.

Mr Duffy submitted there was no automatic right to family life but even if there was family life it was not being interfered with and the FtTJ had failed to consider the evidence. In particular, the appellant had never been to see her daughter in the United Kingdom and their last direct contact was in 2012 when the sponsor visited the appellant in Cameroon. He submitted the case fell at that point and the FtTJ erred by proceeding any further.