VA088682013

The Respondent (the Applicant) is an Albanian national born on 4 April 1966. On 3 April 2013 she applied to the Respondent for entry clearance under paragraph 41 of the Immigration Rules to visit her husband Charilaki Zoto, a Greek national born on 23 May 1959 in Albania, and their two daughters, both Greek nationals.

The ECO went on to note no evidence of the funds available to the Applicant�s husband had been shown so that the Applicant had failed to establish she would be maintained and accommodated during her proposed stay and also that she had sufficient funds to pay for her return or onward journey.

On 16 May 2013 the Applicant lodged notice of appeal under Section 82 of the Nationality, Immigration and Asylum Act 2002 as amended. The grounds refer to additional documentation which accompanied them and include the comment that the only airline flying to her local airport refused to allow her to purchase flights until she was able to provide them with sight of a valid visa. The Applicant requested her appeal be determined without a hearing on the basis of the papers in the Tribunal file.

By a determination promulgated on 7 March 2014, Judge of First-tier Tribunal A W Khan allowed the Applicant�s appeal. He found her husband was a Greek national exercising Treaty rights and would be able lawfully to accommodate and maintain the Applicant during her proposed visit. He concluded the Applicant wished genuinely to make a family visit and the fact her husband and daughters were living in the United Kingdom did �not necessarily mean that the Appellant would not return to Greece ��.

There was no indication in the Tribunal file the Applicant had ever instructed any representatives and she had not named her husband or any other person as her Sponsor. I requested the Tribunal�s clerk to contact the Applicant�s husband on the mobile telephone number given for him and she informed me that the line was no longer in service.