VA011452014

The respondent to this appeal is a citizen of Pakistan born on 29 July 1943. The appellant is the ECO, who has appealed with the permission of the First-tier Tribunal against a decision of Judge of the First-tier Tribunal Monaghan, allowing the respondent's appeal against a decision of the ECO made on 28 January 2014 refusing his application for a family visit visa by reference to paragraphs 320(7B) and 41(i) and (ii) of the Immigration Rules, HC395.

It is more convenient to refer to the parties as they were before the First-tier Tribunal. I shall therefore refer to Mr Naveed from now on as "the appellant" and the ECO as "the respondent".

The decision now under appeal appears to have been made in response to Judge Coutts's decision and further representations made. The notice of decision stated that no updated medical evidence regarding the appellant's sister's health had been provided.

A handwritten response has been filed on behalf of the appellant, asserting that there are exceptional compassionate circumstances as the close ( sic ) whom the appellant wishes to visit is seriously ill. The earlier finding of dishonesty no longer stood. It was hard to imagine a greater miscarriage of justice. Mr Bajwa did not associate himself with the response.

Mr Tufan argued the judge had failed to consider paragraph 41 of the rules so should not have allowed the appeal in any event. There was no medical evidence justifying a finding that compelling compassionate circumstances existed.