VA155752013

This is an appeal against the decision promulgated on 19 March 2014 of First-tier Tribunal Judge Hawden-Beale which dismissed the appellant�s appeal against the respondent�s decision of 14 August 2013 refusing entry clearance as a visitor.

The background to this matter is that the appellant applied for entry clearance to visit close family members in the UK, in particular her sister, the sponsor�s mother, who is unwell and was widowed relatively recently. The appellant also has sons and a number of other relatives in the UK whom she intended to visit.

The application was refused by the respondent under the Immigration Rules. It was not found that the appellant was a genuine visitor seeking limited leave who would return to Pakistan at the end of her visit.

The decision stated correctly that the appellant had a limited right of appeal under section 84 (1) (c) of the Nationality, Immigration and Asylum Act 2002 . That was a reference to the change in statute which meant that as of the date of the decision, the grounds of appeal that the appellant could raise in a visit visa appeal were limited to human rights or race relations.

It was common ground before me that at the hearing the First-tier Tribunal and the respondent�s representative proceeded on the incorrect basis that the limited right of appeal arose because the sponsor was not coming to the UK to visit a sufficiently close relative. The error in that regard is conceded by the Judge at [15].