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This is an appeal by the Entry Clearance Officer against a determination promulgated on 30 April 2015 of First-tier Tribunal Judge James which allowed a visit visa appeal under the provisions of paragraph 41 of the Immigration Rules.
For the purposes of this decision, I refer to the Entry Clearance Officer as the respondent and to Mr Osman as the appellant, reflecting their positions before the First-tier Tribunal.
The appellant applied for entry clearance to visit his brother in order to donate a kidney.
The application was refused on 5 February 2014. The application was refused as it was not found that the appellant had shown that he was related as claimed to the sponsor. The evidence of the appellant's employment was not found to be reliable. The sponsor's bank statement did not show that he could afford to pay for the cost of the appellant's travel and maintenance in the UK. Paragraphs 41 (i), (ii), (vi) and (vii) were not found to be met.
Judge James allowed the appeal under the Immigration Rules, finding that the appellant was the brother of the sponsor, was employed in Sudan as claimed and that his brother could pay for his visit.
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