VA/01220/2015

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The decision


IAC-FH-ck-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: VA/01220/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 18th October 2016
On 4th November 2016


Before

UPPER TRIBUNAL JUDGE GLEESON


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant

and

Mr Golam Zakaria Choudhury Shiplu
(no anonymity order)
Respondent


Representation:
For the Appellant: Mr C Avery, a Senior Home Office Presenting Officer
For the Respondent: No Appearance


DECISION AND REASONS
1. The Secretary of State appeals with permission against the decision of the First-tier Tribunal allowing the appellant's appeal against the decision of the Entry Clearance Officer in New Delhi to refuse him entry clearance as a visitor to visit his twin sister in the United Kingdom and see his sister's son, who was seriously ill.
2. The appeal was decided on the papers and the appellant's right of appeal limited to Article 8 of the ECHR.
3. In the light of the circumstances set out at paragraph 14 of the First-tier Tribunal decision, I am not satisfied that family life is established between these two adult siblings. Accordingly, the judge's consideration of the remainder of the Razgar factors is erroneous and I set aside the decision and substitute a decision dismissing the appeal on all grounds.
Conclusions
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
I set aside the decision.
I re-make the decision in the appeal by dismissing it.


Signed: Judith A J C Gleeson Date: 3 November 2016
Upper Tribunal Judge Gleeson