VA033932014

For the Appellant: Mr H Kannangara, Counsel instructed by Tremont Midwest Solicitors

The Appellant appeals with permission against the determination of First-tier Tribunal Judge Rastogi promulgated on 23 March 2015 in which she dismissed the appellant's appeal against the decision made on 10 April 2014 to refuse him entry clearance to the United Kingdom as a visitor. That refusal was based on two grounds, firstly a failure to meet the requirements of paragraph 41 of the Immigration Rules and second on the basis that paragraph 320(7B) of the Immigration Rules applied.

In brief the appellant had said that he wished to come to the United Kingdom to see Manchester United playing and he would be staying for a period of five days between 3 and 8 May 2014. He had also said that his father would be here.

We note that the appellant has three nationalities and passports: Lebanese, Jordanian and now Canadian. The application was unusually made for entry clearance as a visitor although he is not a visa national because a previous application for entry clearance had been refused on the basis of a failure to declare that he had previously held Jordanian nationality and a passport. These matters are set out in the Entry Clearance Manager's appeal review and in the notice of refusal.

It is, we regret to say, not clear from the decision under appeal what happened at the hearing, (or even if there was one) before Judge Rastogi. In her decision Judge Rastogi records at paragraph 4 that the matter was listed before her, that the appellant had provided a witness statement and skeleton argument and a bundle had been prepared; and, that a Miss Greening had attended the appeal. The judge then records: