Case No. UKUT-00133-(IAC)

105. We are mindful of the comment made by Lady Justice Rose that there appeared to be agreement that having or not having a sister in the UK would not have affected the applicant’s application for a student visa. We are unclear as to the source of this agreement, although it may stem from the observation by Judge Perkins set out in paragraph 21 above.106. We note that the Court of Appeal was not purporting to make any factual findings nor to decide any issues given that its comments were made at the permission stage and on the papers alone based on the applicant’s submissions. We acknowledge that the presence of a sibling in the UK would not necessarily have affected the applicant’s application for entry clearance. We are however satisfied that the respondent was rationally entitled to consider the presence of family in the UK as a material fact relevant to an application for entry clearance. 107. Whether the applicant had family members in the UK was a factor relevant to determining the applicant’s genuine intentions. The presence of family members may be relevant in ascertaining whether an applicant genuinely intended to leave at the end of his period of leave; if he had family members in the UK he may wish to remain living here to be close to those family members. The assessment undertaken by the respondent of a person’s intentions will consider, amongst other things, the strengths of an applicant’s links to the UK and factors that may tend to make it more likely that a person will remain in the UK after their leave has expired. We are consequently satisfied that the presence of the applicant’s sister in the UK was a material fact in relation to his entry clearance application, and that the respondent was entitled to treat it as a material fact.