VA/02999/2013 & VA/03079/2013

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision




Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: VA/02999/2013
VA/03079/2013


THE IMMIGRATION ACTS


Heard at Field House
Determination Promulgated
On 2nd April 2014
On 3rd April 2014




Before

upper tribunal judge MARTIN

Between

MISS IMAN FATIMA HASHMI
Master Muhammad Ali Moeez Hashmi
Appellants

and

Entry Clearance Officer - ABU DHABI
Respondent

Representation:

For the Appellants: Not Represented
For the Respondent: Mr G Saunders (Senior Home Office Presenting Officer)


DETERMINATION AND REASONS
1. The Respondent appeals to the Upper Tribunal, with permission, against the determination of the First-tier Tribunal (Judge S J Clarke) promulgated on 14th November 2013 by which it allowed the Appellants' appeals against Entry Clearance Officer's decision to refuse them to leave to enter as family visitors.
2. The Appellants had made the visa application with their mother with a view to visiting their mother's sister in the UK.
3. All three were refused. All three lodged notices of appeal and the First-tier Tribunal allowed all three. However the two Appellants above, being outwith the permitted relationship with the Sponsor to grant a full right of appeal; had only a limited right of appeal upon grounds, which were not raised. Thus the First-tier Tribunal had no jurisdiction to determine their appeals and in doing so made a material error of law. I set aside the determination in so far as it relates to these two Appellants and remake it dismissing it for want of jurisdiction.
4. The Respondent's appeal to the Upper Tribunal is allowed.




Signed Date 2nd April 2014



Upper Tribunal Judge Martin