VA006732014

For the Appellant: Ms Geraldine Peterson, Counsel instructed by Gulsen & Co Solicitors

The Specialist Appeals Team appeal on behalf of the appellant to the Upper Tribunal from the decision of the First-tier Tribunal allowing the claimant�s appeal against the decision by an Entry Clearance Officer to refuse him entry clearance as a family visitor. The First-tier Tribunal did not make an anonymity direction, and I do not consider that an anonymity direction is warranted for these proceedings in the Upper Tribunal.

The claimant�s appeal came before Judge Buchanan sitting at Hatton Cross in the First-tier Tribunal on 25 September 2014. Ms Peterson of Counsel appeared on behalf of the claimant, and a Presenting Officer appeared on behalf of the ECO. The judge received oral evidence from the claimant�s mother and father, and also considered a witness statement from the claimant.

In his subsequent determination, Judge Buchanan allowed the appeal for the reasons given by him in paragraphs 4.1 to 4.7. Paragraphs 4.1 to 4.5 related entirely to the merits of the appeal against the decision under paragraph 41. The judge concluded at paragraph 4.5 that the claimant had ties both economic and personal to Turkey from which he concluded that his stated intention of only visiting the UK during breaks and study was a genuinely stated intention.

At paragraph 4.6 the judge addressed the question of family life. He found that the claimant enjoyed family life with his family in the UK. He was part of the family group, the remainder of whom had settled in the UK. He considered it was relevant that the claimant would fall within the category of children who might be admitted to the UK as being unmarried and fully dependent under the age of 21 (under the Ankara Agreement). The judge continued: