VA036442014

This is an appeal by an Entry Clearance Officer against a decision by First Tier Tribunal Judge Norton-Taylor, allowing the Respondent's appeal against a decision by an Entry Clearance Officer refusing to issue her with a visit visa.

The Respondent is a national of Zimbabwe born on 12 June 1952. On 28 May 2014 she applied for entry clearance as a family visitor to visit her daughter and two grandchildren. This application was refused on 20 June 2014 with reference to paragraph 320(7A) of the Immigration Rules on the basis that false representations had been made in the form of a false bank statement that had been produced as part of the visa application. Reference was also made to a document verification report which the Entry Clearance Officer said that was held on file.

The Respondent appealed. Her appeal was limited by virtue of Section 88A to human rights grounds only and on 26 August 2014 the Duty Judge decided that the grounds of appeal made sufficient reference to Article 8 that the Tribunal had jurisdiction to hear the appeal.

The appeal then came before First-tier Tribunal Judge Norton-Taylor on 20 April 2015 at Hatton Cross. The appeal was on the float list and there was no representative on behalf of the Entry Clearance Officer. The Sponsor, who is the Respondent's daughter, attended and gave evidence. She was unrepresented. In a decision dated 22 April 2015, First-tier Tribunal Judge Norton-Taylor allowed the appeal.

As a consequence the judge at [17] found that the Secretary of State had entirely failed to prove her case that any documents submitted by the Respondent were false and he found that no false representations were in fact made and no evidence had been adduced to support the 's case.