VA179132013

This is an appeal against the determination of First-tier Tribunal Judge Thorne promulgated on 25 th April 2014, following a hearing at Hatton Cross on 9 th April 2014. In the determination, the judge allowed the appeal of Ms Fathima Salam. The Respondent Entry Clearance Officer, subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a female, a citizen of Sri Lanka, who was born on 3 rd March 1988. She appealed against the decision of the Respondent dated 20 th August 2013 refusing her application for entry clearance as a visitor under paragraph 41 of HC 395.

The Appellant�s claim is that she wishes to come to the UK in order visit her sister and her sister�s husband. She herself was a teacher in Sri Lanka teaching at the City College and intended to return back to that employment after the visit.

The judge began by making it clear at the outset that the appeal could only succeed only Article 8 grounds of the Human Rights Act (given that as of 25 th June 2013 under Section 52 of the Crime and Courts Act 2013 there was a limit to right of appeal on grounds of race discrimination and human rights only). In doing so, the judge emphasised the fact that, �It was made clear that my task on an appeal on an ECHR ground against the decision of the primary decision-maker... was to decide whether the challenged decision was unlawful as incompatible with an ECHR right ...� (paragraph 28).

�Should bear in mind several factors, including: the general administrative desirability of applying no Rules if a system of immigration control was to be workable, predictable, consistent and fair as between one claimant and another; the damage to good administration...; the need to discourage non-nationals admitted to the UK temporarily from believing that they could commit serious crimes...; and the need to discourage fraud, deception and deliberate breaches of the law� (paragraph 29).