VA177342013

She has since returned on family visits to the UK. This visit was planned by her family in the UK because the Sponsor and the extended family in the United Kingdom find it difficult to coordinate family trips to Pakistan which I can well appreciate as did the Judge. The Appellant was described as being in full health and sprightly for her age and self-sufficient. Her brother would be accompanying her on the visit and would return with her to Pakistan. He was also a regular visitor to the United Kingdom and there was ample financial support.

Given that history it is not surprising that the Judge found that paragraph 41 of the Immigration Rules was satisfied. Paragraph 41 sets out the requirements to be met by any person seeking entry clearance to the United Kingdom as a visitor and there are various relevant requirements such as that there is an intention to return to the country of origin at the end of the visit and that there are sufficient financial means to support the visitor during the period of the visit. The Judge found as a fact that paragraph 41 would be satisfied and I see no reason to doubt that finding.

It follows from what I have said that just as there was no valid appeal before Judge Del Fabbro so there can be no valid appeal before me by the Appellant, and in those circumstances I must dismiss the Appellant�s appeal against the Entry Clearance Officer�s decision.

The decision of the First-tier Tribunal involved the making of an error of law and I have set it aside. I remake the decision in this case by dismissing the Appellant�s appeal against the Respondent�s decision to refuse entry clearance.

The Judge made a full fee award in this case in the sum of �140 stating that in the light of his decision to allow the appeal he would make such an award. It follows that as he had no valid appeal before him that decision too cannot stand and I therefore set aside the fee award decision.