OA245092012

This matter comes before me for consideration as to whether or not there is a material error of law in the determination before First-tier Tribunal Judge N Paul who dismissed the appeal against a refusal of leave to enter the UK as the spouse of a person present and settled in the UK under paragraph 281 HC 395 (as amended).

The appellant and sponsor married on 29 June 2012. The sponsor, a British citizen lived in a six bedroomed property owned by his uncle and was employed full-time as a packer earning a monthly net income of �1,012. In support of her application the appellant submitted a Pearson test score report showing an overall score of 27, a score of 39 for speaking and a score of 23 for listening.

In a notice of immigration decision dated 3 October 2012 the respondent refused the application under paragraph 281(i)(a) and (ii). The reasons were that the appellant failed to achieve a score of 24 or above in the listening component of the test which requires a level of A1 to be achieved.

In her grounds of appeal dated 26 October 2012 the appellant set out generalised grounds of appeal. At paragraph 6 stated that she had undertaken the Pearson academic exam again on 16 October 2012 and successfully passed the listening component with a score of 28 and the speaking component with a score of 40.

An Entry Clearance Manager reviewed the decision on 16 August 2013. He upheld the decision of the Entry Clearance Officer made some ten months previously and attached no weight to the further Pearson test completed on 16 October 2012 as it was a post decision evidence.