OA145062013

The appellant�s appeal against a decision to refuse her entry clearance under Appendix FM, as the spouse of a British citizen, was allowed by First-tier Tribunal Judge Elliman (�the Judge�) in a determination promulgated on 27 th June 2014.

In directions made by the Principal Resident Judge, the parties were advised that if the decision were set aside and re-made, any evidence required could be considered at the hearing.

Mr Khan provided copies of the bundles which were before the First-tier Tribunal Judge, including �bundle 2�, dealing with evidence regarding the sponsor�s status as a director, and a skeleton argument.

Ms Kenny said that the appellant�s case was advanced on the basis that the sponsor was an employee. The accountants who provided supporting letters confirmed that the sponsor was indeed an employee. At paragraph 7 of the determination, the judge noted, on the other hand, that the sponsor was also a director. Nonetheless, at paragraph 11, she found that he fell to be treated as an employee. In that paragraph, the judge referred to �the appellant� but it was apparent this was an error and that she had the sponsor in mind.

The difficulty was that the Entry Clearance Manager on review assessed the application as one in which paragraph 9 of Appendix FM-SE fell to be applied. This was because the sponsor held office as a director. So far as the two bundles were concerned, paragraph 8 of the determination showed that the judge had two bundles before her, including bundle 2 containing evidence relevant to paragraph 9 of Appendix FM-SE.