VA168682013

This is the appeal of the Entry Clearance Officer against the determination of First-tier Tribunal Judge Landes promulgated 29.7.14, allowing the claimants� appeal against the decision of the Entry Clearance Officer to refuse entry clearance to the United Kingdom as family visitors. The Judge heard the appeal on 16.7.14.

First-tier Tribunal Judge Macdonald refused permission to appeal on 24.9.14 but when the application was renewed to the Upper Tribunal, Upper Tribunal Judge Kekic granted permission to appeal on 5.1.15.

The grounds of appeal to the First-tier Tribunal asserted, as the judge in due course found, that neither claimant nor the sponsor knew that the property report submitted in 2009 was false. The elderly claimants were illiterate.

The narrow issue the subject of the appeal to the Upper Tribunal is the interpretation of paragraph 3207B of the Immigration Rules and whether reference therein to the �applicant� means the applicant personally, or whether it incorporates the use of deception by another, or without the applicant�s knowledge, as is the case in paragraph 3207A.

Judge Kekic granted permission to appeal, finding it arguable that the judge had misdirected herself in that her approach to paragraph 320(7A) contradicts AA (Nigeria).