VA028012014

I shall refer to the appellant as the entry clearance officer and to the respondent as �the claimant.�

The entry clearance officer appeals with permission against the decision of First-tier Tribunal C H O'Rourke, promulgated on 27 January 2015, to allow the claimant's appeal against the refusal to grant him entry clearance for a family visit.

The claimant is a national of Pakistan, born on 7 March 1979. He is sponsored by his brother, Mr Faisal Hameed Butt. In his grounds of appeal, the claimant stated that the reason for seeking entry for a limited period was '�..to visit his brother and his family, in particular, to attend his nieces birthday party' [9 iii]. The Judge noted that the issue was whether the decision was lawful pursuant to s.6 of the Human Rights Act 1998 '�..in relation to Article 8 rights to a family life' [11].

The entry clearance officer was not satisfied that the claimant was genuinely seeking entry to the UK for a limited period. The Judge noted that the claimant had visited the UK on three previous occasions, returning to Pakistan each time, albeit that he stayed beyond the stated period of his visit on the last occasion. He has strong bonds in Pakistan, both familial and work related.

He struggled to see that the desire on the entry clearance officer's part to control improper immigration into the UK was "a genuine desire" [19]. This appeared to be an entirely genuine visit and he considered that the refusal cannot be proportionate, balanced against the claimant's sponsor's right to family life [20].