OA099852013

The Entry Clearance Review Manager maintained the decision of the Entry Clearance Officer because the appellant could have requested the return of his passport in order to travel outside Moldova in order to take the test.

The appellant�s appeal was allowed under the Immigration Rules by Judge of the First-tier Tribunal Canavan in a decision that was promulgated on 25 April 2014. The appeal was determined on the papers at the request of the appellant. The judge made findings at paragraphs 6 to 8 as follows:

I conclude that the decision was not in accordance with the law and the immigration rules.�

The respondent made an application for leave to appeal which was granted by Judge of the First-tier Tribunal Caruthers in a decision of 10 June 2014. The Secretary of State argued in the grounds of appeal that the policy requires the appellant makes his application from his country of nationality (which there is no test centre). The appellant in this case is a citizen of Moldova and he made his application in Warsaw where there is a test centre. In any event, the appellant could have requested the return of his passport or he could have made a fresh application.

At the hearing before me the sponsor, Mrs Violeta Guglea attended with her employer, Mr David Sunderland. Mr Tufan made oral submissions during which he conceded that the appellant had in fact made his application online in Moldova. When I pointed out to Mr Tufan that it appeared to me that the facts of the case fall squarely with the policy (a copy of which Mr Tufan produced) he said that he could not disagree with that. The relevant part of the policy (July 2012 Immigration Directorate Instructions Chapter 8, Section FM 1.21) reads as follows: