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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> VA029992013 & VA030792013 [2014] UKAITUR VA029992013 (3 April 2014) URL: http://www.bailii.org/uk/cases/UKAITUR/2014/VA029992013.html Cite as: [2014] UKAITUR VA029992013, [2014] UKAITUR VA29992013 |
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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 |
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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