VA140432013

The appellant is a citizen of Belarus born on 27 November 1950. She has been given permission to appeal the determination of First-Tier Tribunal Judge Ruth (�the FTTJ�) who dismissed her appeal against the respondent�s decision of 22 July 2013 to revoke her multi-entry visitor�s visa and to refuse her application for a visitor�s visa on the basis that she had failed to pay for NHS treatment in the UK.

On 29 July 2013 the appellant applied for two-year entry clearance as a family visitor to enable her to visit her daughter and her family in the UK. The application was granted under Visa was issued on 15 April 2014.

On the information available to the respondent the appellant�s visitor visa was revoked and she was refused a further visitor Visa under the provisions of paragraph 320(22) of the Immigration Rules which applied where an NHS body has notified the respondent that the person seeking entry or leave to enter had failed to pay a charge or charges with a total value of at least �1000 in accordance with the relevant NHS regulations on charges to overseas visitors.

The appellant appealed against these decisions. The FTTJ determined the appeal on the papers on 10 March 2014 and his determination was promulgated on 17 March 2014. The FTTJ found that the appellant clearly received medical treatment from the NHS costing more than �5000 whilst she was here as a visitor. This had not been paid and as a result the respondent was entitled to refuse the application. He dismissed the appeal both under the Immigration Rules and on Article 8 human rights grounds.

The appellant applied for but was refused permission to appeal to the Upper Tribunal by a judge in the First-Tier Tribunal. However the application was renewed and granted by a judge in the Upper Tribunal. There is a Rule 24 response from the respondent.