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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> SZ (Applicable immigration rules) Bangladesh [2007] UKAIT 00037 (30 March 2007) URL: https://www.bailii.org/uk/cases/UKIAT/2007/00037.html Cite as: [2007] UKAIT 00037, [2007] UKAIT 37 |
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SZ (Applicable immigration rules) Bangladesh [2007] UKAIT 00037
Date of hearing: 13 March 2007
Date Determination notified: 30 March 2007
SZ |
APPELLANT |
and |
|
ENTRY CLEARANCE OFFICER, DHAKA | RESPONDENT |
For the Appellant: Mr E Fripp instructed by D J Webb & Co, Solicitors
For the Respondent: Mr S Walker, Home Office Presenting Officer
There is no general duty on the Tribunal to consider whether a claimant's case if differently presented or if made the subject of a different application might have succeeded on a different basis from that on which the application or claim was made. Although individual claimants cannot be expected to know the Immigration Rules, there can be no complaint if they receive a judgment on the application or claim as they put it. Exceptionally, however, the facts of a case or, in particular, the terms of a notice of decision may require the Tribunal to consider the appeal on a number of alternative bases.
"a relative is present and settled in the United Kingdom…and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care;…"
"decision against which the appeal is brought … was not in accordance with the law (including immigration rules)".
"any part of an immigration officer's duty to conduct a roving expedition through all the paragraphs to see whether a person before him is eligible under any of them."
"…if one of the appellate authorities … has regard to and applies the rules applicable to the decision which is before him, he need do no more. Indeed he ought not to embark on any roving expedition among the rules to see if there is anything which might be of assistance to one side or another."
"I have also considered your application to join [the sponsor] in the UK under other paragraphs of the Immigration Rules, but as the niece of the sponsor you do not qualify. I am not satisfied that there are any serious and compelling family or other considerations which make your exclusion undesirable."
"7. The ECO failed to consider properly serious and other compelling considerations which make the appellant's exclusion undesirable."
Decision
A GRUBB
SENIOR IMMIGRATION JUDGE
Date: