VA016162015

This is an appeal against the decision of Judge of the First-tier Tribunal Moore (FtJ), promulgated on 14 November 2016, dismissing the Appellant's appeal against the Respondent's decision dated 4 March 2015 refusing him entry clearance as a visitor.

The Appellant is a national of Bangladesh, date of birth 1 January 1959. In 2010 his wife entered the United Kingdom as a visitor, together with the Appellant, both having been issued with entry clearance as visitors. While in the United Kingdom the Appellant's wife applied for a certificate of an entitlement to a right of abode, which was issued in May 2011. In his 2010 visitor application the Appellant told the entry clearance officer (ECO) that he intended to stay in the UK for 4 weeks but he remained for 3½ months. His wife did not return to Bangladesh.

The Appellant appealed this decision but could only do so on the limited grounds that the decision was unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to human rights Convention) as being incompatible with his Convention rights.

At paragraph 17 the judge stated his satisfaction that the Appellant's self-employment, income and family circumstances were as claimed. The judge accepted that the Appellant had a business in a local bazaar earning the equivalent of £200 a month, and that he received additional rental income from properties. The judge was additionally satisfied that the Appellant lived with his 3 single daughters and had done so for many years.

At paragraph 18 the judge noted that the Appellant remained in the UK in 2010 for longer than initially stated. " I therefore find it surprising that if it was the Appellant's intention to visit all his close relatives, including 4 sisters and 2 brothers in the UK, that this was the reason that he actually stayed 3½ months rather than 4 weeks ." The judge appeared to doubt the wife's claim to have originally planned to return to Bangladesh, and stated that, if she had changed her mind, there was " no reasonable explanation " why the Appellant did not visit her in the UK soon after 2012/2013.