VA044842014

This is an appeal on behalf of an Entry Clearance Officer against the decision of First-tier Tribunal Judge Cohen, sitting on 23 April 2015, who allowed Ms Wilcox's appeal against the decision of the Entry Clearance Officer dated 14 July 2014 to refuse her entry clearance as a visitor. The First-tier Tribunal did not make an anonymity direction and there was nothing before me to suggest that Ms Wilcox should be accorded anonymity for these proceedings. For the purposes of this decision I refer to the parties as they were in the First-tier Tribunal.

In summary, the Appellant is a citizen of Nigeria born on 14 May 1978. She is the youngest of eight siblings and has 5 siblings together with nieces and nephews in the UK whom she wishes to visit. The Appellant made her application in July 2014.

On 19 June 2015 First-tier Tribunal Judge Chohan granted the Entry Clearance Officer permission to appeal on the basis that the grounds were arguable. The grounds argued that the judge erred in law by allowing the Appellant's appeal under the immigration rules as the appellant had only a limited right of appeal.

Accordingly the decision of the First-tier Tribunal to allow the appellant's appeal under the immigration rules was vitiated by a material error of law such that it must be set aside and remade.

"As compliance with para 41 of HC 395 is not a ground of appeal to be decided by the Tribunal, any findings concerning that will carry little weight , especially if based upon arguments advanced only by the appellant. If the appellant were to make a fresh application for entry clearance the ECO will, if requested to do so, have regard to the assessment carried out by the judge but will not be bound by those findings to treat the appellant as a person who, at least at the date of the appeal hearing, met the requirements of paragraph 41."