Narrative:

On a GPS approach into hdn, co, between sburg and hadij, we heard controller ask aircraft Y to wait, and he said 'we can maintain VFR up to 15000 ft' and the first officer and I looked at each other because we were at 14000 ft and in IMC. Then we observed him climbing and getting closer on our TCASII. Aircraft Y told center 134.5 that he had us in sight., then we received an RA of 'climb, climb!' which we did, and the first officer observed aircraft Y on our right side close -- too close! The bottom line -- he was in the clouds climbing out with a VFR climb clearance. Very distracting and concerning to say the least. Human factors: now we had to regroup and execute an approach into hdn. We called center and expressed our concern (on the ground). We all came to the conclusion that aircraft Y was pushing the VFR envelope. The first officer and I both thought aircraft Y could have been radar vectored away from our aircraft.

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Original NASA ASRS Text

Title: A BAE146 FLC HAS TO PERFORM AN EVASIVE CLB TO AVOID AN IFR ATX ON A VFR CLB THROUGH 14000 FT, 23 MI FROM HDN, CO.

Narrative: ON A GPS APCH INTO HDN, CO, BTWN SBURG AND HADIJ, WE HEARD CTLR ASK ACFT Y TO WAIT, AND HE SAID 'WE CAN MAINTAIN VFR UP TO 15000 FT' AND THE FO AND I LOOKED AT EACH OTHER BECAUSE WE WERE AT 14000 FT AND IN IMC. THEN WE OBSERVED HIM CLBING AND GETTING CLOSER ON OUR TCASII. ACFT Y TOLD CTR 134.5 THAT HE HAD US IN SIGHT., THEN WE RECEIVED AN RA OF 'CLB, CLB!' WHICH WE DID, AND THE FO OBSERVED ACFT Y ON OUR R SIDE CLOSE -- TOO CLOSE! THE BOTTOM LINE -- HE WAS IN THE CLOUDS CLBING OUT WITH A VFR CLB CLRNC. VERY DISTRACTING AND CONCERNING TO SAY THE LEAST. HUMAN FACTORS: NOW WE HAD TO REGROUP AND EXECUTE AN APCH INTO HDN. WE CALLED CTR AND EXPRESSED OUR CONCERN (ON THE GND). WE ALL CAME TO THE CONCLUSION THAT ACFT Y WAS PUSHING THE VFR ENVELOPE. THE FO AND I BOTH THOUGHT ACFT Y COULD HAVE BEEN RADAR VECTORED AWAY FROM OUR ACFT.

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.