OA029862014

This is an appeal by the Appellant against the decision of First-tier Tribunal Judge Rowlands, promulgated on 23 September 2015, in which he dismissed the Appellant's appeal against the Respondent's decision to refuse entry clearance as a dependant relative.

Permission to appeal was granted on the basis that all of the grounds presented were arguable. Ground 1 submits that the First-tier Tribunal misdirected itself as to the case which was put before it and/or failed to engage with the case before it, failed to determine matters put to it and had regard to matters which were not put to it and were irrelevant. In paragraph 15 of the grounds of appeal seeking permission from the First-tier Tribunal it states that the statement that the Appellant had conceded her case under the Immigration Rules was wrong.

At the hearing I heard submissions on this ground, following which I announced that I found that the decision contained an error of law and should be set aside. My reasons are set out below.

"So far as the requirements to show the unavailability of care in Brazil, clearly that has not been met. In fact the representations seem to accept that was the case. I am satisfied that they have failed to show that the required level of care is either unavailable or unaffordable in Brazil. I am satisfied that this Appellant does not fulfil the immigration rules so far as leave to enter the United Kingdom as the parent of a person present and settled in the United Kingdom."

I find that the judge misdirected himself by stating that the Appellant had conceded that she did not meet the requirements of the immigration rules. He therefore did not go on to consider whether or not the Appellant met the requirements of the immigration rules. Even if he had found that she could not meet these requirements, the extent to which she met them would have been relevant to the proportionality assessment under Article 8.