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For the Respondent: Mrs Price of Counsel instructed by Addison & Khan Solicitors
This is an appeal against a decision by First-tier Tribunal Judge McCartney promulgated on 25 th June 2015, in which she allowed an appeal against the decision of the respondent of 29 th July 2014 to refuse an application for leave to enter the UK as a partner under Appendix FM of the Immigration Rules.
The appellant is the Entry Clearance Officer (Mumbai) and the Respondent to this appeal, is Mrs. Tarnnum Saberbhai Momla. However for ease of reference, in the course of this decision I shall adopt the parties' status as it was before the First-tier Tribunal. I shall in this determination, refer to Mrs. Tarnnum Saberbhai Momla as the Appellant and the Entry Clearance Officer (Mumbai) as the Respondent.
Permission to appeal was granted by First-tier Tribunal Judge Davies on 15 th September 2015. The matter comes before me to consider whether or not the decision of First-tier Tribunal Judge McCartney involved the making of a material error of law, and if so, to remake the decision.
The Refusal of Entry Clearance dated 29 th July 2014 deals with the sponsors earnings in the following way:
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