OA164032012

On 26 th March 2014 Judge of the First-tier Tribunal White gave permission to the appellant to appeal against the determination of Judge of the First-tier Tribunal I Ross in which he dismissed the appeal against the decision of the respondent on 26 th July 2012 to refuse leave to enter as a spouse in accordance with the provisions of paragraph 281 of the Immigration Rules. The sole issue before the judge was whether or not the parties intended to live permanently with each other and the marriage was subsisting.

With reference to the grounds of application Judge White thought it arguable that Judge Ross had erred in failing to take into account or make adequate findings with regard to evidence listed in sub-paragraphs (vi) to (vii) of the grounds. In particular it was contended that the judge had made no reference to 30 pages of photographs of the parties together in Albania, had failed to give reasons for not accepting the sponsor�s claim to have visited his wife in Albania and failed to take into account Skype records showing lengthy telephone calls between the parties.

Ms Shaw confirmed that the appellant relied upon the grounds which she did not seek to repeat.

After considering the matter for a few moments I announced that I was satisfied that the determination showed errors on points of law such that it should be re-made. My reasons for that conclusion follow.

The errors I identified lead me to conclude that the determination cannot stand and should be re-made. I so stated