OA087952013

The Appellant is a citizen of Afghanistan born on 1 st January 1946. The Appellant applied for entry clearance as an adult dependent relative under Appendix FM of the Immigration Rules. The Appellant�s application was refused by the Entry Clearance Officer on 8 th March 2014.

The Appellant appealed and the appeal came before Judge of the First-tier Tribunal O R Williams on 21 st February at Manchester. In a determination promulgated on 11 th March 2014 the appeal was dismissed both under the Immigration Rules and on human rights grounds.

Judge Astle considered that it was arguable that the judge had erred in finding that a page of the decision was missing and that the Respondent also refused the application under E-ECDR.2.5. He noted that there was no indication in the copy decision provided that there was such a missing page.

It is on that basis that the appeal comes before me to determine whether or not there is a material error of law in the decision of the First-tier Tribunal Judge. The Appellant appears by her instructed Counsel Mr Jaffergi. The Secretary of State appears by her Home Office Presenting Officer Mr Harrison.

Mr Jaffergi submits that the primary Grounds of Appeal relate to the refusal under E-ECDR.2.5 to be found at paragraph 20 and 21 of the determination and as to the finding at paragraph 6 with regard to the purported second page of the refusal letter. He acknowledges that the original copy has come from the Respondent�s bundle but submits that there was nothing to suggest that any part of the refusal letter was missing.