VA125522013

This is the appeal of the Secretary of State who has been given permission to appeal the decision of the First-tier Tribunal who allowed an appeal on human rights grounds and under the Immigration Rules against a decision by an Entry Clearance Officer. The Entry Clearance Officer refused Miss Elbakry entry clearance as a visitor on 17 June 2013.

The judge allowed the appeal both under the Rules and under Article 8 of the European Convention on Human Rights. There is no appeal right under the Rules for visit visa entry clearance refusals. The judge erred in law in his finding under the Rules.

The judge said in paragraph 27 of the decision �I am persuaded that the appellant merits the benefit of the Immigration Rules HC 395 as amended as well as the provisions of the ECHR.�

The judge has made no findings in his determination on the core elements upon which the entry clearance was refused. He sets out the evidence of Dr Dabash who was clearly, both from that evidence and from the documents that he submitted, an honourable person and whose word could be taken as legitimate and truthful.

Unfortunately that is not enough in an appeal of this nature. As I have said, there is no appeal under the Rules. The claimant appealed on human rights grounds. The judge considered Article 8 and purported to consider it in terms for the five step test set out in the case of Razgar . In paragraph 21 of the decision the judge he says: �Applying the Razgar test, one cannot escape the conclusion that the[claimant] is in a familial relationship.�