OA045292013

In this appeal the Entry Clearance Officer Dhaka is the appellant and to avoid confusion I shall refer to him as being �the claimant�. I shall refer to Rukshana Zaman Sumi as the appellant as she was before the First Tier Tribunal.

The appellant is a citizen of Bangladesh who was born on 31 st October, 1968, and who is the wife of Hafizur Rahman, a British subject settled in the United Kingdom (�the sponsor�).

The claimant appeals against the decision of First-tier Tribunal Judge Herbert OBE, who in a determination promulgated on 23 rd January, 2014, allowed the appellant�s appeal against the decision of the claimant to refuse to grant her entry clearance as the partner of the sponsor under Appendix FM of Statement of Changes in Immigration Rules, HC 395, as amended (�the immigration rules�).

In paragraph 20 of his determination, First-tier Tribunal Judge Herbert found that the appellant did not meet the requirements of the Immigration Rules. He purported to apply the decision of the Administrative Court in MM [2013] EWHC 1900 Admin and allowed the appellant�s appeal on human rights grounds under Article 8.

The claimant�s refusal of entry clearance was taken on 7 th January, 2013, and the appellant�s application was refused because the requirements of paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules was not met. The application was also refused because the documents required to be produced in accordance with Appendix FM-SE had not been produced.