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On 7 November 2012, the Entry Clearance Officer refused the appellant�s application for entry clearance as a partner, under reference to the income requirements of Appendix FM of the Immigration Rules.
The appellant filed notice of appeal to the First-tier Tribunal. An Entry Clearance Manager maintained the refusal on 11 June 2013, saying that the decision was also in proportion to the maintenance of effective immigration control.
Judge Balloch allowed the appeal by determination promulgated on 18 December 2013.
The determination does not set out the submissions made (there is of course no general requirement to do so) and there was no discussion at the hearing in the Upper Tribunal of what submissions were made in the First-tier Tribunal. However, I see from the judge�s handwritten record that the Presenting Officer referred to MM & Others v SSHD [2013] EWHC 1900 (Admin) , and said that it was under appeal, and that the case was relied upon in the submission by Ms Speirs.
The judge refers to MM at paragraphs 25-27 of her determination, noting that it is the subject of appeal by the respondent �� but is current law and I have had regard to it in my overall consideration under Article 8�.
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