VA133992013

This is an appeal against the determination of First-tier Tribunal Judge Pacey, promulgated on 8 th July 2014, following a hearing at Sheldon Court on 24 th June 2014. In the determination, the judge dismissed the appeal of Muhammad Icklaq. The Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male, a citizen of Pakistan, who was born on 10 th September 1986. He appealed against the refusal of entry clearance as a family visitor by the Respondent in a decision dated 17 th June 2013. The Appellant's claim is that he wishes to visit his brother, Mr Mohammed Altaf, who is the Sponsor and his sisters. He had made a previous application for entry clearance which had been refused less than two months previously.

The judge had regard to the fact that there was a letter from Mughal Construction dated 28 th May 2013 confirming that the Appellant had been employed full-time for five years earning 20,000 rupees and that he had been granted three months' leave. There was also a bank statement in the Appellant's name (see paragraph 8). The judge did not draw any adverse inferences at all from the fact that the Appellant's employer had granted him three months' leave to go to the UK (see paragraph 12).

However, if the Appellant's job could be filled during the time that he was away for three months, then, "It should equally be possible to fill his job on a permanent basis so that the employer would not be disadvantaged should the Appellant chose not to return and hence would not be concerned to ascertain his intention" (see paragraph 13).

The fact was that this was a case where the Appellant lived with his parents and he owned no property of his own and had no family of his own (see paragraph 14). The judge concluded that,