OA159982013

This matter comes before me to consider if there is a material error of law in the First-tier Tribunal (Judge Kanagaratnam) determination promulgated on 24 th July 2014 in which the appeal was dismissed under the Immigration Rules.

The Appellant is a citizen of Guyana and her date of birth is 23 rd March 1975. On 2 nd July 2013 the Respondent refused her application for entry clearance as a partner under Appendix FM of the Rules.

The sponsor travelled to Guyana on 30 th January 2013 and married the Appellant on 22 nd February 2013. The Respondent considered that there was little evidence of a genuine and subsisting relationship; the relationship was short and there was limited evidence of contact. The Respondent considered the current application on its own merits, although reference was made to similarities with a previous marriage between the sponsor and another Guyanese national which resulted in divorce proceedings after she was refused entry clearance on 10 th May 2011.

In a determination the Tribunal proceeded on the basis that the sponsor�s evidence in general was credible and accepted that his intention was to live with his wife permanently [13]. The Tribunal found documentary evidence referred to as �letters from the Baptist church and other sources produced post decision� were in fact post decision and declined to take it into account. The Tribunal made reference to section 85(5) Nationality Immigration & Asylum 2002 Act (�the 2002 Act�).

Ground 1 - the Tribunal misapplied section 85(5) 2002 Act by failing to take into account documentary evidence, letter from Baptist church and other documents dated after the date of decision, found to be post decision. The documents appertained to circumstances in existence at the date of decision.