VA172462013

This is an appeal against the determination of First-tier Tribunal Judge T Thorne, promulgated on 10 th June 2014, following a hearing at Nottingham on 28 th May 2014. In the determination, the judge dismissed the appeal of Ms Moymuna Khatun Kolsum Bibi. The Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a female, a citizen of Bangladesh, who was born on 4 th June 1942. She appealed against the refusal of entry clearance for the purposes of making a three week visit to see her son, Mr Abu Saleh Sattar, in the UK under paragraph 41 of HC 395, in a decision dated 11 th November 2010. This decision letter states that,

The judge recorded evidence from Mr Abu Saleh Sattar, the Appellant�s sponsoring son in the UK, who �explained that the Appellant�s mother was (supposedly like many people in Bangladesh) known by two names. She was called both Mulluk Chan Bibi and as Saleha Begum� (paragraph 21).

The judge held, however, that the Appellant had never appealed the previous refusals, which were based upon the Appellant�s alleged deception, and therefore they must implicitly amount to a recognition and acceptance by the Appellant that she had indeed set out to deceive. But more importantly, the judge also held that,

�In 2010 the ECO made clear and unambiguous allegations that the Appellant had committed a deception by not declaring the previous refusal of her previous application. I have seen no evidence to rebut the allegation that you failed to declare the previous refusal. I have seen no witness statement from her denying that she failed to make such a declaration and the Sponsor is not in a position to deny it either. In those circumstances I am satisfied that it has been proved to the standard required that no such declaration was made.� (Paragraph 28)