VA075932013

The Appellant appeals against a determination of Designated Judge of the First-tier Tribunal McClure promulgated on 31 st January 2014.

The Appellant is a citizen of Bangladesh, born 6 th April 1985 who applied for entry clearance to the United Kingdom as a visitor. He indicated that he wished to visit his grandfather for a period of two months.

The application was refused on 24 th March 2013 with reference to paragraph 41 of the Immigration Rules. The Respondent did not accept that the Appellant was genuinely seeking entry to the United Kingdom as a visitor for a limited period as claimed, nor that he intended to leave the United Kingdom at the end of the visit, and it was not accepted that the Appellant had proved that he could meet the cost of a return or onward journey. The Respondent therefore relied upon paragraph 41(i), (ii) and (vii) in refusing the application.

The Appellant�s appeal was heard by Judge McClure (the judge) on 24 th December 2013. The judge heard evidence from the Appellant�s grandfather Hobibur Rahman and considered a substantial bundle of documents submitted on behalf of the Appellant. The judge dismissed the appeal, not being satisfied that the Appellant intended a visit to the United Kingdom for the period stated, or that he would leave the United Kingdom at the end of the visit. The judge was not satisfied that the Appellant could be adequately maintained and accommodated in the United Kingdom.

The Appellant applied for permission to appeal to the Upper Tribunal which was granted in the following terms by Designated Judge French;