United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: OA/16876/2013

 

THE IMMIGRATION ACTS

 

Heard at Glasgow	Determination promulgated
on 30 September 2014	On 30 September 2014

 

 

Before

 

UPPER TRIBUNAL JUDGE MACLEMAN

 

Between

 

K A DON MIRESH MICHAEL ASHINTHA PIERIS

Appellant

and

 

ENTRY CLEARANCE OFFICER, Sri Lanka

 

Respondent

 

 

 

For the Appellant: no legal representative; sponsor present

For the Respondent: Mr M Matthews, Senior Home Office Presenting Officer

 

No anonymity order requested or made

 

 

DETERMINATION AND REASONS

 

 

1.      The appellant appeals against a determination by First-tier Tribunal Judge Doyle, dismissing his appeal against refusal of entry clearance.

 

2.      Mr Matthews fairly and correctly acknowledged that the respondent and the judge had both gone wrong by considering this case under paragraph 301 of the Immigration Rules. The correctly applicable provision is paragraph 297. The facts of the case met the requirements of paragraph 297 (i) (a). (Alternatively, if the sponsor’s wife was not treated as the appellant’s parent, the requirements of paragraph 297 (i) (d) were met.)

 

3.      The determination of the First-tier Tribunal is set aside. The appeal, as originally brought to the First-tier Tribunal, is allowed.

 

 

30 September 2014

Judge of the Upper Tribunal

 

 

 

In the light of the above decision, a whole fee award is made under rule 23A (costs) of the Asylum and Immigration Tribunal (Procedure) Rules 2005 and section 12(4)(a) of the Tribunals, Courts and Enforcement Act 2007.