VA054372014

The appellant is the Secretary of State for the Home Department and the respondent is a citizen of Ghana born on 17 October 1989. However, for convenience, I refer below to Ayeley as "the appellant" and to the Secretary of State as "the respondent" which are the designations they had before the First-tier Tribunal.

The appellant appealed to the First-tier Tribunal against the decision of the respondent to refuse her application for entry clearance as a visitor pursuant to paragraph 41 of the Immigration Rules. First-tier Tribunal Judge McAteer allowed the appellant's appeal under Article 8 of the European Convention on Human Rights.

On 16 June 2015, First-tier Tribunal Judge Haynes granted the Secretary of State permission to appeal saying that it is arguable that the First-tier Tribunal erred in allowing the appellant's appeal and therefore made a flawed assessment of proportionality.

At the hearing before me, there was no appearance from the sponsor or a representative although the notice of the hearing date was served to the sponsor at his address. At the hearing before Judge McAtter, the appeal was decided on the papers and the sponsor did not attend the hearing.

The appellant's application was to enter the United Kingdom to live with her husband for two years although she had applied for entry clearance as a visitor pursuant to paragraph 41 of the Immigration Rules. The First-tier Tribunal Judge allowed the appeal under Article 8 of the European Convention on Human Rights.