Mr Wilding reminded me of the guidance in the case of Ajakaiye (visitor appeals - right so appeal) Nigeria [2011] UKUT 375 which is authority for the proposition that the Tribunal should look to the purpose of the visit and that in determining if the person is a qualified relative regard may be had to extraneous evidence. In this case clearly there was evidence in the application form which had been overlooked by the judge. I am informed by Mr Wilding that the appeal in the First-tier Tribunal was in a float list and therefore it would be unfair to make further or any real criticism of the judge other than to observe that it would be wise in cases such as this to look at the application form. Be that as it may Mr Wilding rightly conceded that he was in difficulties in pursuing this appeal because he could not demonstrate any material error of law. I entirely agree. In those circumstances the appeal to the Upper Tribunal is dismissed and for the avoidance of doubt the decisions of the First-tier Tribunal are affirmed.
Notice of Decision
The appeal to the Upper Tribunal is dismissed.
Signed Date
Deputy Upper Tribunal Judge Zucker