VA194712013

The Appellant ( the Secretary of State ) appealed with permission granted by First-tier Tribunal Judge Chambers on 11 November 2014 against the determination of First-tier Tribunal Judge Bircher who had allowed the Respondent�s appeal under the Immigration Rules against the refusal of his application for entry clearance as a visitor in a determination promulgated on 29 September 2014. The appeal was determined on the papers as the Respondent had requested.

The Respondent i s a national of Kosovo, born on 8 July 1994. He is a student, but the Entry Clearance Officer had not been satisfied with the evidence provided and concluded that the Respondent�s intention to leave the United Kingdom at the end of his visit was in doubt. The right of appeal to the First-tier Tribunal was limited to human rights and Equality Act 2010 issues.

Permission to appeal to the Upper Tribunal as sought by the Appellant was granted because the judge had misapplied the law in that there was no longer any right of appeal to the First-tier Tribunal under paragraph 41 of the Immigration Rules. The judge had not considered whether or not the Respondent �s human rights were engaged.

Directions were issued by the Upper Tribunal in standard form. The Respondent was not represented at the hearing and had sent in no further material for the tribunal to consider. The tribunal considered that the onwards appeal could nevertheless be justly determined.

Mr Tufan for the Appellant relied on the grounds and the grant of permission to appeal. The Respondent�s human rights were simply not engaged on the facts and the determination was misconceived. In any event it was proportionate for the Respondent to make a fresh entry clearance application.