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The application for permission to appeal was made by the respondent but nonetheless I shall refer to the parties as they were described before the First Tier Tribunal.
The appellant is a citizen of Pakistan and born on 10 th May 1994 and she appealed against a decision dated 14 th February 2013 by the Entry Clearance Officer to refuse her entry clearance to join her spouse under Appendix FM.
On 23 rd December 2013 First Tier Tribunal Judge Halliwell allowed the appellant�s appeal both under the Immigration Rules and on Human Rights grounds.
Nearly six months later the Secretary of State on behalf of the Entry Clearance Officer made an application for permission to appeal, clearly marked as dated 4 th June 2014, on the grounds that the judge had not considered Appendix FM-SE. The reason given for the application being out of time was �almost unprecedented staff shortages� and as a result the deadline was missed.
First Tier Tribunal Judge McDade granted permission to appeal but failed to address the issue that the application was made out of time. In the meantime the appellant had been granted a visa valid from 25 th March 2014 to 25 th December 2016.
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