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The Respondent is a national of India date of birth 30 th October 1970. On the 8 th September 2014 the First-tier Tribunal (Judge YJ Jones) allowed his appeal against a decision to refuse to grant him entry clearance as a family visitor to the UK. The Entry Clearance Officer now has permission [1] to appeal against that decision.
It is not in dispute that the Respondent�s appeal rights were limited. That is because his appeal was brought after the 25 th June 2013 when s52 of the Crime and Courts Act 2013 came into effect, amending s88A of the Nationality Immigration and Asylum Act 2002. The effect of those changes is that appeals against a refusal of a visit visa can now only be brought on two grounds: race discrimination and human rights. It was the latter avenue that the Respondent pursued.
The Entry Clearance Officer now appeals on the grounds that the First-tier Tribunal failed to identify whether there are compelling circumstances not recognised by the Rules: Gulshan [2013] UKUT 640 (IAC) , Nagre [2013] EWHC 720 . Since the decision failed to identify what in the circumstances were compelling or exceptional, the decision could not stand.
The determination of the First-tier Tribunal does not contain an error of law and it is upheld.
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