VA178632013

In this appeal the Secretary of State becomes the respondent. However, for the avoidance of confusion I shall continue to refer to the parties as they were before the First-tier Tribunal.

On 26 th September 2014 Judge of the First-tier Tribunal De Haney gave permission to the respondent to appeal against the determination of Judge of the First-tier Tribunal Cockrill who allowed the appeal on substantive grounds against the decision of the respondent to refuse leave to enter as a family visitor in accordance with the provisions of paragraph 41 of the Immigration Rules.

When granting permission Judge De Haney noted that the grounds of application asserted that from 25 th June 2013 the right of appeal for prospective family visitors was limited by Section 88A of the Nationality, Immigration and Asylum Act 2002. An appeal could only be brought on the grounds set out in Section 84(1)(b) and (c) of the 2002 Act namely on human rights and race relations grounds.

At the hearing in the Upper Tribunal before me Mr Anyene submitted that the judge was not wrong to apply himself to the substantive issues the respondent had got wrong in the refusal notice because that incorporated consideration of human rights matters.

Mr Tufan confirmed that the respondent relied on the grounds and submitted that the appeal could only proceed by consideration of Article 8 issues and not the issues which formed the basis for refusal relating to finances and the genuineness of the visit covered by the refusal decision of 22 nd August 2013.