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The Appellant is a citizen of Nigeria who applied for entry clearance to the United Kingdom under paragraph 41 of the Immigration Rules. Her application was refused by the Entry Clearance Officer (ECO) and her subsequent appeal allowed under the Immigration Rules by First-tier Tribunal Judge Malone in a determination promulgated on 25 th April 2014.
The Respondent lodged grounds of application. It was said that on 25 th June 2013 Section 52 of the Crime and Courts Act 2013 was commenced which amended Section 88A of the Nationality, Immigration and Asylum Act 2002. This change restricted the appeal rights for visitors coming to visit family members here. Applicants were still able to bring an appeal but only on the residual grounds of Section 84(1)(b) and (c) of the 2002 Act, namely on human rights and race relations grounds.
In this case the application was made on 17 th July 2013 and as such the Appellant was only able to appeal on human rights and race relations grounds.
Despite this the judge had found that the decision was not in accordance with the Rules and had gone on to allow the appeal.
Permission to appeal was granted primarily on the basis that the judge had failed to recognise there was no jurisdiction to entertain an appeal under paragraph 41 of the Immigration Rules.
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