VA030732015

The appellant before me, is the Entry Clearance Officer. However, for ease of reference, in the course of this decision I shall adopt the parties' status as it was before the First-tier Tribunal. I shall in this decision, refer to Mr. Ghufran as the appellant and the Entry Clearance Officer as the respondent.

The appellant is a Pakistani national who appealed to the First-tier Tribunal ("F t T") against a decision of the respondent dated 26 th November 2014 refusing his application for entry clearance to the United Kingdom as a visitor and with reference to paragraph 41 of the immigration rules. The respondent was not satisfied that the appellant is genuinely seeking entry to the UK as a visitor for the period and purpose stated, or that he intends to leave the UK at the end of his visit.

The Judge concluded that the appellant's application came within the Immigration Rules and the decision of the respondent, upheld by the Entry Clearance Manager, was a decision that was not in accordance with the Immigration Rules and the law.

The respondent appeals on the ground that the appellant's right of appeal is limited by s84(1)(b) and (c) of the Nationality, Immigration & Asylum Act 2002 (to the ground that the decision is unlawful under s6 of the Human Rights Act (c.42) as being incompatible with the appellants Convention Rights. The respondent claims that the Judge therefore erred in allowing the appeal on the basis that the appellant met the requirements of the Immigration Rules.

Permission to appeal was granted on 31 st August 2017 by First-tier Tribunal Judge Boyes. The matter comes before me to determine whether the decision of the F t T contains a material error of law, and if so, to remake the decision.