VA065692014

This is an appeal against a determination of First-tier Tribunal Judge Aujla, promulgated on 2 nd June 2015, following a hearing at Hendon Magistrates' Court on 27 th May 2015. In the determination, the judge allowed the appeal on human rights grounds under Article 8 of the ECHR. The Respondent subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant's claim was that she had previously been issued with a visa on 29 th January 2014 to come to the United Kingdom as a visitor for her marriage. She arrived on 11 th February 2014 and left the United Kingdom on 9 th June 2014. The Appellant was working but was a student and was engaged in a doctoral study at the University of Ljubljana and her sponsoring husband was on temporary leave in the United Kingdom. The Appellant still had to finish her doctoral study in Slovenia before the couple could decide upon their future residence.

The judge applied the decision in Mostafa (Article 8 in entry clearance) [2015] UKUT 112 , and referred to the headnote which states that,

"In the case of appeals brought against refusal of entry clearance under Article 8 ECHR, the claimant's ability to satisfy the Immigration Rules is not the question to be determined by the Tribunal, but is capable of being a weighty, though not determinative, factor when deciding whether such refusal is proportionate to the legitimate aim of enforcing immigration control." (See paragraph 18 of the determination)

This clearly suggested that the same Article 8 principles were applicable in entry clearance cases as is the case in general immigration law. The judge held that the Respondent did not question the relationship between the Appellant and the Sponsor. He did not interview the Appellant. Any concerns that the Respondent there had were not raised.