VA037572013

The appellant is a citizen of Pakistan, born on 7 September 1971. The respondent has been granted permission to appeal the decision of First-tier Tribunal Judge Davies allowing the appellant�s appeal against the refusal to grant her entry clearance to the United Kingdom as a visitor.

The appellant, along with her three siblings, applied for entry clearance as a family visitor and was refused under paragraph 41(i)(ii)(vi)(vii) of the Immigration Rules. In addition, the appellant�s application, and not her siblings�, was refused under paragraph 320(7A).

The judge allowed the appellant�s appeal on the grounds that she met all the requirements of paragraph 41 and that she was a genuine visitor and would leave the UK at the conclusion of her three week stay. He was also satisfied that the appellant would be maintained and accommodated during her visit and that she was able to pay for her return travel. However, the judge did not specifically refer to the respondent�s refusal under paragraph 320(7A). It was for this reason that permission was granted to the respondent to appeal the judge�s decision.

The sponsor conceded that the appellant had indeed been refused a visit visa in April 2004 but this was something they had all forgotten about. She said that the appellant�s visit application form was completed on line by her brother-in-law, who had asked the appellant to sign it, which she did. The appellant had not intended to deceive the ECO.

The sponsor said that their mother is ill. Their mother is 71 years old, according to the date of birth on her passport. In reality her mother was born in 1938 (not 1942 as stated on her passport) and is now 74 years old. Their mother is not able to travel and wishes to see all her daughters, which was the reason for the visit applications by all four sisters. The other three sisters, whose appeals were allowed, collected their visas last Friday. This has been very upsetting for the appellant.