Upper Tribunal (Immigration and asylum chamber), 2018-08-06, HU/08449/2017 & HU/08450/2017
| Jurisdiction | UK Non-devolved |
| Date | 06 August 2018 |
| Published date | 20 August 2018 |
| Hearing Date | 17 July 2018 |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Status | Unreported |
| Appeal Number | HU/08449/2017 & HU/08450/2017 |
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/08449/2017
HU/08450/2017
THE IMMIGRATION ACTS
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Heard at Bradford |
Decision & Reasons Promulgated |
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On 17th July 2018 |
On 6th August 2018 |
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Before
UPPER TRIBUNAL JUDGE REEDS
Between
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellants
and
MR MUHAMMAD SHAHID RAMZAN JANJUA
MRS TAFHEEN NADEEM
(NO ANONYMITY DIRECTION made)
Respondent
Representation:
For the Appellant: No appearance or representation on behalf of the Appellants
For the Respondent: Mr Diwnycz, Senior Presenting Officer
DECISION AND REASONS
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The Secretary of State appeals with permission, the decision of the First-tier Tribunal (Judge O’Hanlon) who, in a determination promulgated on the 4th April 2018 allowed the appeals of the Appellants against the decisions made to refuse entry clearance as visitors to the United Kingdom.
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Whilst the appeal is brought by the Secretary of State for ease of reference I shall refer to the parties as they were before the First-tier Tribunal.
The applications made by the Appellants:
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The Appellants are husband and wife and are citizens of Pakistan, who made applications for entry clearance to visit the United Kingdom for a period of 2 weeks on the 1st July 2017.
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Those applications were refused by the Entry Clearance Officer in decisions taken on the 13th July 2017. Each Appellant received a refusal notice setting out the reasons given for refusing their applications for entry clearance. In respect of the first Appellant, the Entry Clearance Officer considered whether the Appellant met the requirements of Appendix V: Immigration Rules for visitors but refused the application because he was not satisfied that the Appellant met the requirements of paragraphs the 4.2 – 4.10 Appendix V: Immigration Rules for visitors for the following reasons:
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Whilst it is acknowledged that the sponsor stated that he will pay for your maintenance in the UK and you have submitted financial documents to confirm their funds, I have to be satisfied about the circumstances in which you live in Pakistan.
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In making the above assessment I have to your circumstances and the credibility of your trip. The starting point for the assessment of any Visa application is the information contained in the Visa application form and supporting documents.
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You have stated the obvious application form that you are (self) employed and earn PKR 312170 (£2326) a month with no additional income/with additional savings held. To support your circumstances you have submitted title deeds, ID documentation and several business documents that relate to the registration of your stated business but no other documentation related to the day-to-day management/financial activity or current operation of your stated business. As such this leads me to doubt your business is currently functioning, and that the source of funds held in your bank account has been sourced from your stated self-employment.
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Whilst it is acknowledged there are funds in this account, it is noted your personal accounts opening balance was PK are 1000 which suggest little financial activity prior to this date and is not reflective of the activity after this date.
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You have submitted no other documentation or given an explanation to clarify the above concerns. As such I am not satisfied these documents are a reflection of your stated economic circumstances or that these funds are for your exclusive use. Based on the documentation available to me today I am not satisfied that your employment, financial and economic circumstances are as stated. In view of these concerns I consider that you have not provided a satisfactory basis upon which I might assess your current stated circumstances in Pakistan and it undermines the credibility of your application.
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You have submitted no other documentation to confirm any immediate family members remaining in Pakistan. Given this and the above concerns I am not satisfied you have shown that your ties to Pakistan are sufficient incentive to leave the UK at the end of your proposed visit.
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In view of the above concerns I am not satisfied that you have shown on the balance of probabilities, your ties to Pakistan (or elsewhere) are sufficient to provide you with an incentive to leave the UK at the end of your proposed visit. I am not satisfied that you are genuinely seeking entry as a visitor or intend to leave the UK at the end of your visit (paragraph the 4.2 (a) (c) of the Immigration Rules.
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I have therefore refused your application because I am not satisfied, on the balance of probabilities that you meet all of the requirements of the relevant paragraph of the United Kingdom Immigration Rules.
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At the end of the decision, is a heading “future applications” which stated as follows: “any future UK visa applications you make will be considered on their individual merits, however you are likely to be refused unless the circumstances of your application change. In relation to this decision there is no right of appeal or right to administrative review”.
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The decision letter in respect of the Appellants wife also made reference to the applicable Immigration Rules for visitors under Appendix V the 4.2 – 4.10. In her case the refusal of the Visa was in the following terms:
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Whilst it is acknowledged that your sponsor states they will pay your maintenance in the UK you have submitted financial documents to confirm their funds, I have to be satisfied about the circumstances in which you live in Pakistan.
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In making the above assessment I have to your circumstances and the credibility of your trip. The starting point for the assessment of any Visa application is the information contained in the Visa application form and supporting documents.
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You have stated in your Visa application form that you are financially dependent on your spouse. It is noted his applications been refused as we were not satisfied that his financial and economic circumstances were as stated. As you are dependent on him, I consider that you have not provided any satisfactory basis upon which I might assess your circumstances, or the likelihood of your intention being to leave the UK on the completion of your proposed visit.
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You have submitted no other documentation to confirm any immediate family members remaining in Pakistan. Given this and the above concerns I am not satisfied you have shown that your ties to Pakistan are sufficient incentive to leave the UK at the end of your proposed visit.
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In view of the above concerns I am not satisfied that you have shown that, on the balance of probabilities, your ties to Pakistan (or elsewhere), are sufficient to provide you with an incentive to leave the UK at the end of your proposed visit. I am not satisfied that you are genuinely seeking entry as a visitor or intend to leave the UK at the end of your visit (paragraph the 4.2 (a) (c) of the Immigration Rules.
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The grounds of appeal were filed on both Appellant’s behalf on 3 August 2017 and annexed to the grounds were documents which had not been provided with the application including a death certificate, doctors letters, bank statements before and after the refusal letter, children’s evidence and financial evidence and previous UK visas.
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In the grounds it was stated that the first Appellant had applied for a visit of two weeks for compassionate reasons on the basis that his wife’s father (his father-in-law) had died and was buried in the UK and wanted to participate in death prayers. Furthermore it stated that his wife’s mother (his mother-in-law) and his sister were also “gravely ill”. The grounds made reference to having stated at questions 85 and 89 (first Appellant) and questions 81 and 85 (second Appellant) about the purpose of the visit and attached the death certificate as evidence. The grounds again made reference to his wife’s mother (his mother-in-law) and that his sister were also “seriously ill” in the UK and were referred to UK doctors letters. The grounds also made reference to the circumstances constituting “exceptional circumstances which, consistent with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant entry clearance outside the requirements of the Immigration Rules.” The grounds then went on to comment on the refusal of entry clearance relating to the financial aspects, the employment incentives and their immigration history. The final part of the grounds at “D” make reference to the “applicable law” in which it was stated that the decision of the entry clearance officer was “against the spirit of recent decision of the Tribunal “Abbasi and another (visits – Article 8) [2015) UKUT 00463 and also made reference to the Appellant, who could not meet the relevant Immigration Rules must show “compelling reasons” why should consider outside the Immigration Rules citing the decision SS and others (Congo) [2015) EWCACiv 387.
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Following the grounds of appeal, a review was undertaken by the Entry Clearance Manager (ECM) on 12...
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