OA203092013

The Appellant is a citizen of Nigeria born on 26 th November 1979. The Appellant applied for entry clearance as a partner under Appendix FM of the Immigration Rules and her application was considered under paragraph EC-P.1 of Appendix FM of the Immigration Rules. Her application was refused by the Entry Clearance Officer on 18 th September 2013.

The Appellant appealed and the appeal came before Judge of the First-tier Tribunal Bird sitting at Taylor House on 20 th October 2014. In a determination promulgated on 20 th October 2014 the appeal was allowed under the Immigration Rules.

So far as the financial position is concerned firstly he refers me to the missing payslips that are now produced but points out that the payslips are just evidential of the financial circumstances and that it was appropriate to apply evidential flexibility which was the approach adopted by the judge. He takes me to the P60s that have been provided by the Sponsor and the bank statements and that they showed quite clearly that the financial requirements were met. He indicates that there is no material error of law and he asked me to dismiss the Secretary of State�s appeal.

Areas of legislative interpretation, failure to follow binding authority or to distinguish it with adequate reasons, ignoring material considerations by taking into account immaterial considerations, reaching irrational conclusions on fact or evaluation or to give legally inadequate reasons for the decision and procedural unfairness, constitute errors of law.

I am satisfied that whilst there may have been an error of law it is not material. There is clear evidence that the Appellant through her Sponsor met the financial requirements and the judge has not erred in law in his approach. He has given careful consideration to the documents produced evidencing them at paragraphs 17 and 18 and on the balance of probabilities has made findings which he was entitled to that the Appellant met the financial requirements.