VA022982013

The appellant appealed that decision and the matter came before First-tier Tribunal Judge C J Woolley. In a determination promulgated on 13 September 2013 the appeal was dismissed.

The appellant sought permission to appeal. Initially permission to appeal was refused but upon a renewed application to the Upper Tribunal permission to appeal was granted the reasons being as follows:-

(1) The original judge found that the decision under paragraph 320 was not sustainable, and that the sponsor was a credible and honest witness. His evidence was that the appellant had been visiting the UK since the 1960s and the appellant may not have considered it necessary to supply all of the documentation in view of his previous trips to the UK. He recorded that there was evidence of his business in Pakistan. He dismissed the appeal essentially because the appellant had not provided a personal bank statement although he had provided business accounts.

(2) It is arguable that the judge reached a decision against the weight of the evidence. The appeal will be listed to Field House with a time estimate of one hour. If an error of law is found the decision can be remade on that occasion. The sponsor should attend.

The notice of appeal refers to the business bank account to which the appellant has full access. On review the Entry Clearance Manager commented that he was not satisfied that the appellant had addressed the concerns raised by the Entry Clearance Officer regarding the appellant�s current personal and financial circumstances in Pakistan.