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The appellant, Karthik Rajaraman Saraswathy, who was born on 11 September 1988 is a male citizen of India. He is the brother of the sponsor, Mrs Anusha Rajaraman who is a British citizen. By a decision dated 26 th August 2014, the appellant was refused entry clearance to the United Kingdom as the adult dependant of the sponsor. The parties agree that the appellant was able to satisfy the Immigration Rules save for paragraph E-ECDR2.5:
The applicant ... must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living because
(a) it is not available and there is no person in that country who can reasonably provide it; or
The appellant's appeal was dismissed in a determination promulgated on 2 July 2014 by First-tier Tribunal Judge Tunnock. Judge Tunnock had found at [37]:
The decision of the First-tier Tribunal promulgated on 2 July 2014 is set aside. I have remade the decision. The appellant's appeal against the decision of the Entry Clearance Officer dated 26 August 2014 is allowed under the Immigration Rules.
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