OA233222012

The appellant is the Entry Clearance Officer in Istanbul (�the ECO�). The respondent is a citizen of Turkey who was born on 3 April 1988 (�the claimant�). On 4 March 2014 we heard the ECO�s appeal against the decision of First-Tier Tribunal Judge Finch (�the FTTJ�) to allow, on Article 8 human rights grounds, the claimant�s appeal against the ECO�s decision of 10 October 2012 to refuse him entry clearance to the UK for settlement with his wife and sponsor, S A (�the sponsor�).

We concluded that the FTTJ had erred in law and set aside her decision for the reasons set out in the Error of Law Decision and Directions contained in the Appendix to this determination. We preserved specified findings of fact made by the FTTJ and gave directions.

On the morning of the hearing the sponsor gave us copies of correspondence passing between her and her MP, Harriet Harman MP, a letter to Harriet Harman MP from the Department for Work and Pensions, a notice of appointment in connection with her application for Personal Independence Payment and a hospital appointment letter to her from Kings College Hospital NHS Foundation Trust. Although these had been submitted late, Ms Hastings did not object and we admitted them.

We explained the procedure to the sponsor and invited her to give evidence. She showed considerable spirit in giving evidence and making points on behalf of the claimant despite the fact that, whilst we did our best to put her at ease, she still found the proceedings intimidating. It soon became clear that if we were to draw out her evidence it would be necessary to ask her relevant questions. This we did. She was cross examined by Ms Hastings and we gave her the opportunity to add whatever she wished. Her evidence is set out in our record of proceedings.

We preserved the findings made by the FTTJ in paragraphs 10 and 16 to 21 of her determination. She said;