VA/02230/2015

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The decision


Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: VA/02230/2015

THE IMMIGRATION ACTS

Heard at Bradford
Decision & Reasons Promulgated
On 4 October 2016
On 19 October 2016


Before

UPPER TRIBUNAL JUDGE CLIVE LANE

Between

VISA OFFICER - ABU DHABI
Appellant

and

AMTAL NAHEED
(ANONYMITY DIRECTION NOT MADE)
Respondent


Representation:

For the Appellant: Mr Diwnycz, Senior Home Office Presenting Officer
For the Respondent: Mr Akhtar (Sponsor)


DECISION AND REASONS

1. I shall refer to the appellant as the respondent and the respondent as the appellant (as they appeared respectively before the First-tier Tribunal). The appellant was born on 20 May 1975 and is a female citizen of Pakistan. She applied for entry clearance to the United Kingdom as a visitor. Her application was refused under paragraph 41 of HC 395 (as amended). She appealed to the First-tier Tribunal (Judge O'Hanlon) which, in a decision promulgated on 16 February 2016, allowed the appeal under the Immigration Rules. At [10], the judge had found that the appellant's appeal under Article 8 ECHR should be dismissed.
2. The judge had no jurisdiction to allow the appeal under the Immigration Rules. Further, in the light of his clear findings as regards Article 8 ECHR, it is necessary for the Upper Tribunal to set aside the First-tier Tribunal's decision and to re-make the decision dismissing the appeal.
3. The Upper Tribunal hearing was attended by Mr Akhtar, the sponsor. I pointed out to Mr Akhtar that it may assist the appellant in making any future application to the Visa Officer that the First-tier Tribunal found that the appellant satisfied the requirements of paragraph 41 of HC 395. However, I also explained to him that any future application would be determined on the circumstances of the appellant at the time of application.
Notice of Decision
4. The decision of the First-tier Tribunal which was promulgated on 16 February 2016 is set aside. I remake the decision. The appellant's appeal against the decision of the Visa Officer dated 3 March 2015 is dismissed.

No anonymity direction is made.






Signed Date 10 October 2016


Upper Tribunal Judge Clive Lane