Narrative:

ATC called out traffic below us at our 10 O'clock position. I reported the traffic in sight and was told to maintain visual separation with traffic. ATC then asked the conflict aircraft Y if he had us in sight. He responded 'no.' ATC then cleared the aircraft Y to climb to 14000 ft. Shortly thereafter, we received an RA on the TCASII. We responded by turning to approximately 360 degree heading and climbed approximately 500 ft. The conflict aircraft should have never been cleared to climb. Whether we had visual contact or not, it was very obvious that a conflict was going to occur in letting the other aircraft climb through our altitude.

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Original NASA ASRS Text

Title: ACR X TCASII RA WITH ACFT Y CLBING THROUGH OCCUPIED ALT. EVASIVE ACTION CLB AND TURN.

Narrative: ATC CALLED OUT TFC BELOW US AT OUR 10 O'CLOCK POS. I RPTED THE TFC IN SIGHT AND WAS TOLD TO MAINTAIN VISUAL SEPARATION WITH TFC. ATC THEN ASKED THE CONFLICT ACFT Y IF HE HAD US IN SIGHT. HE RESPONDED 'NO.' ATC THEN CLRED THE ACFT Y TO CLB TO 14000 FT. SHORTLY THEREAFTER, WE RECEIVED AN RA ON THE TCASII. WE RESPONDED BY TURNING TO APPROX 360 DEG HDG AND CLBED APPROX 500 FT. THE CONFLICT ACFT SHOULD HAVE NEVER BEEN CLRED TO CLB. WHETHER WE HAD VISUAL CONTACT OR NOT, IT WAS VERY OBVIOUS THAT A CONFLICT WAS GOING TO OCCUR IN LETTING THE OTHER ACFT CLB THROUGH OUR ALT.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.