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For the Appellant: Mr McTaggart (of Counsel) instructed by RP Crawford & Co Solicitors
This written Determination supplements and summarises the ex tempore judgement pronounced at the conclusion of the appeal hearing on 13 January 2014.
This appeal has its origins in a decision made by the Entry Clearance Officer (� the ECO �) refusing the Appellant�s application for clearance to enter the United Kingdom as a dependent parent. The refusal was based on an assessment that the application did not comply with all of the requirements of paragraph 317 of the Immigration Rules. Upon internal appeal, this decision was affirmed by the Entry Clearance Manager, on 8 th November 2012.
The ensuing appeal to the First-Tier Tribunal (� FTT �) was dismissed in a determination promulgated on 1 st March 2013. The Judge reasoned, found and concluded as follows:
(a) The accommodation on offer to the Appellant, located in the same accommodation block as her daughter at a monthly rent of �130, differs from that proposed by the Appellant in her application - and, by implication, constitutes evidence postdating the ECO�s decision, which must be disregarded by virtue of section 85(A) of the Nationality, Immigration and Asylum Act 2002 (� the 2002 Act �).
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