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This is the appeal of Mrs Elif Aybakar and others. This matter came before me on 18 March 2014 where I provided a determination set out over six pages dealing with the error of law. That determination will form Appendix 1 to the determination that I am now making.
The Judge made an error on a point of law and I re-make the decision in the following terms:
The appellants are Mrs Aybakar who was born on 15 November 1975 and who is a citizen of Turkey and her three children who are respectively aged 9, 14 and 15. The family sought entry clearance to join Mrs Aybakar�s husband and the father of the children who is the sponsor in the United Kingdom. An application was made under the provisions of the Ankara Agreement and the standstill provisions which are contained within it.
In paragraph 23 of the determination the judge comments upon the figures that I have mentioned and then says
�The respondent has raised the issue that the only independent evidence of the sponsor�s income was a tax return showing that he earned �9,077 for the last financial year but that there is no independent evidence of the claimed profit of the business of �33,907 last year. I do not find the appellant has satisfactorily addressed the concerns of the respondent. �
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