VA051452014

This is an appeal against a determination of First-tier Tribunal Judge O'Hagan who in a determination promulgated on the 9 th February 2015 allowed the appeal against the refusal of entry clearance as a visitor.

Sameen Qudsia is a national of Pakistan born on the 14 th February 1991 who sought entry clearance to visit her husband and sponsor. The application was refused on 3 rd August 2014 as the Entry Clearance Officer (ECO) was not satisfied it was a genuine visit after which the applicant would return.

The sponsor appeared before the First-tier Tribunal but there was no attendance before the Upper Tribunal. Notices of the hearing were validly served. In the absence of an explanation for the lack of representation/attendance or an application to adjourn, it is in accordance with the overriding objectives and duty of fairness owed to both parties to proceed in absence.

The judge was aware of the basis of refusal. The judge noted the two reasons given for the appellant before him wishing to enter as a visitor which were (i) the desire of the applicant and sponsor to see each other and (ii) the wish of the applicant to visit the UK to see whether she should seek entry for the purposes of settlement.

The material made available did not show that the impact upon refusal would be such that the family life that currently exists will be interfered with to such a degree that article 8 is engaged. As such a material legal error is made out.