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These are the conjoined appeals of Shahed Ahmed and Majida Yasmin, his wife, who appealed against decisions of the Visa Officer, Dhaka, made on 20 June 2012 to refuse to grant them entry clearance as visitors under paragraph 41 of HC 395.
The appellants appealed and permission was granted by First-tier Tribunal Judge Hemingway.
In granting permission he referred to decisions of the Tribunal in RK (Bangladesh) [2006] UKAIT 45 and Ajakaiye (Nigeria) [2011] UKUT 375 (IAC) which dealt with the issues of the relevance of those whom the appellant intended to visit.
It was accepted by Miss Horsley of the Specialist Appeals Team in a Rule 24 statement dated 15 August 2013 who said that the application was not opposed and that the appellants had a full right of appeal to the Tribunal. That is a correct reading of the Regulations. I therefore set aside the determination of Judge Lucas and following the provisions of the Senior President�s Practice Direction 7.2, direct that this appeal proceed to a fresh hearing before a judge at Hatton Cross. No interpreter is required; time estimate of two hours.
The decision of the First-tier judge is set aside and the appeal is allowed to the limited extent that it is remitted to the First-tier for a hearing afresh.
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