VA075522013

The appellant is the Secretary of State for the Home Department to whom I shall refer as the claimant. The respondent is a citizen of Pakistan who was born on 6 th March, 1982 and who made application to the claimant for leave to enter the United Kingdom under the requirements of paragraph 41 under Statement of Changes in Immigration Rules HC 395 as amended.

The respondent�s application was considered by the Entry Clearance Officer, but refused. The Entry Clearance Officer noted that the respondent had previously travelled to the United Kingdom and took issue with the fact that the respondent stayed on that previous occasion for some four months, nine weeks longer than he had said he would stay on his application form. However, there is no suggestion anywhere that he stayed in breach of his leave, which of course will have been for six months so he was perfectly entitled to remain in the United Kingdom on the earlier occasion for up to six months.

The application was refused on the basis that the respondent had failed to discharge the burden on him to show that he met the requirements of paragraph 41(i) and 41(ii).

The respondent appealed and his appeal was heard by First-tier Tribunal Judge Mark Davies at a hearing on 22 nd October, 2013. In that determination, the judge found, after hearing the respondent�s sponsor, that the respondent had satisfied the requirements of the Immigration Rules and allowed the appeal.

The Secretary of State was dissatisfied with the judge�s decision and in an application for permission to appeal which was granted said:-