VA006262014 & ors

The Entry Clearance Officer appeals with permission against the determination of First-tier Tribunal Judge Wellesley-Cole promulgated on 4 July 2014 in which she purported to allow the claimants� appeal against the decisions of the respondent made on 29 December 2013 to refuse them entry clearance to the United Kingdom as family visitors. The applications in question had been made on 18 November 2013.

The grounds of appeal are expressed in terms of human rights but also take issue with the bases on which adverse inferences were drawn by the appellant.

Judge Wellesley-Cole determined the appeals on the basis of the papers before her, and after making findings with respect to the claimants� intentions, concluded that they met the requirements of paragraph 41 of the Immigration Rules as amended, and allowed all the appeals on that basis.

The appellant sought permission to appeal on the grounds that the right of appeal in all of these cases was restricted to human rights and race relations grounds as the applications had been made after 25 June 2013, the date on which Section 55 of the Crown and Courts Act had come into force amending Section 88A of the Nationality, Immigration and Asylum Act 2002; and, that it had not been open to the First-tier Tribunal to consider whether the decision was in accordance with the Immigration Rules or otherwise in accordance with the law.

The sponsor was present as was Mr Bramble who acted on behalf of the respondent. The sponsors said they were aware that the grounds of appeal related solely to human rights and were understandably concerned that that issue had not been addressed in the determination. They did not resist Mr Bramble�s submission that the determination of Judge Wellesley-Cole was clearly flawed and should be set aside, given that it was vitiated by a clear error of law.