OA156792014 [2016] UKAITUR OA156792014 (20 April 2016)

OA156792014 [2016] UKAITUR OA156792014 (20 April 2016)

The claimant's application was made before 6 April 2015 and was an appealable decision under the pre-Immigration Act 2014 regime, so the First-tier Tribunal had jurisdiction to allow the appeal under the Rules.

Citation
[2016] UKAITUR OA156792014
Parties
Appellant: Entry Clearance Officer (New Delhi); Respondent/claimant: Mrs Fahmida Ahmed
Jurisdiction
United Kingdom
Judgment Date
20 April 2016
Procedural Posture
Immigration Appeal / Upper Tribunal (error of Law Hearing)
Outcome
appeal dismissed
Legal Topics
Points Based System (pbs), Tier 2 Migrant Entry Clearance, Resident Labour Market Test, Appeal Rights Under Immigration Act 2014, Jurisdiction of First Tier Tribunal
Immigration Law Points Based System (pbs) Tier 2 Migrant Entry Clearance Resident Labour Market Test Appeal Rights Under Immigration Act 2014 Jurisdiction of First Tier Tribunal

Case Brief

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Parties

Entry Clearance Officer (New Delhi)

Appellant

Mrs Fahmida Ahmed

Respondent/claimant

Procedural Posture

Immigration Appeal / Upper Tribunal (error of Law Hearing)

Legal Issues

  1. 1 Whether the First-tier Tribunal had jurisdiction to allow the appeal under the Immigration Rules for a Tier 2 migrant entry clearance refusal
  2. 2 Whether the claimant's application fell within the transitional provisions preserving appeal rights under the pre-Immigration Act 2014 regime

Ratio Decidendi

The claimant's application was made before 6 April 2015 and was an appealable decision under the pre-Immigration Act 2014 regime, so the First-tier Tribunal had jurisdiction to allow the appeal under the Rules.

Court Disposition

appeal dismissed

Orders

  • The Entry Clearance Officer's appeal to the Upper Tribunal is dismissed.
  • The decision of the First-tier Tribunal allowing the claimant's appeal stands.