VA130832013

This is an appeal against the determination of First-tier Tribunal Judge Page promulgated on 1 st May 2014, following a hearing at Newport on 23 rd April 2014, in which the judge allowed the appeal of Mr Ghalib Yasir. The Respondent Entry Clearance Officer, applied for, and was subsequently granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male, a citizen of Pakistan, who was born on 14 th December 1991. He appealed against the decision of the Respondent dated 9 th June 2013 refusing his application for entry clearance as a family visitor in order to visit his brother with his mother, who had already been granted entry clearance. The Appellant�s mother did travel to the United Kingdom to visit the Appellant�s brother subsequently and did return to Pakistan.

The judge had regard to the fact that evidence was given by the Appellant�s sponsoring brother, Nazakat Hussain, �who has sponsored a number of members of his family to visit the United Kingdom, all of whom returned to Pakistan� (paragraph 3). The judge held that

�The evidence of the Appellant�s brother satisfied me that the Appellant�s family are law abiding people who respect the immigration laws of the United Kingdom. This Sponsor would not countenance the Appellant or any member of his family remaining in the United Kingdom unlawfully� (paragraph 4).

In particular, consideration was given to the fact that the Appellant�s brother had sponsored his father who had also returned back to Pakistan. There was evidence before the judge that, �Mr Hussain was adamant that his brother would have returned with his mother if he had been allowed to visit. He guaranteed that the Appellant would not overstay...� (paragraph 4).