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Three discrete issues arose and arise for consideration: two of them relate to the Immigration Rules and the third relates to the application of the art 8 of the European Convention on Human Rights outside the Rules.
The judge had, as we have said, considerable documentary evidence before her. She correctly reminded herself that she was concerned with the position at the date of the decision. There was a certain amount of evidence that the sponsor was doing some part-time work as well as work arranged for her through Red Recruitment. Her conclusion in relation to the financial aspects of the application and appeal is at para 49 of her determination, which reads as follows:
It follows that Judge Walker ought to have concluded that the appellant did not meet the financial requirement of the rules. As we have said, this is a matter on which we heard no argument. We shall return later to its impact on the outcome of this appeal.
As we have said, the Entry Clearance Manager added, on review, an additional reason for refusing the appellant�s application.
�S-EC.1.4 the exclusion of the applicant from the UK is conducive to the public good because they have:
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