OA206142013

The Respondent to whom I shall refer as the Applicant is a citizen of Sri Lanka, born on 5 November 1979. On 23 October 2013 the Appellant (the ECO) refused her application for leave to enter as the wife of Nadesu Ravishankar. The Respondent doubted the subsistence of the marriage and found the Applicant had failed to provide sufficient documentary evidence in compliance with the requirements of Appendix FM-SE of the Immigration Rules.

On or about 12 November 2013 she lodged notice of appeal under Section 82 of the Nationality, Immigration and Asylum Act 2002 as amended (the 2002 Act). The grounds assert the marriage was arranged as was customary in her culture. The Applicant had submitted evidence of her husband's earnings and his savings. Additionally the claim under Article 8 of the European Convention was maintained.

By a decision promulgated on 12 March 2015 Judge of the First-tier Tribunal Newberry allowed the Applicant's appeal. He was satisfied the Applicant's husband was earning sufficient to meet the requirements of the Immigration Rules and that the Applicant's marriage was genuine and subsisting.

The ECO sought permission to appeal on the basis that the Judge had addressed neither the ECO's concern about the adequacy of the accommodation available for the Applicant nor the ECO's claims the Appellant had failed to meet the requirements of Appendix FM-SE of the Immigration Rules.

On 7 May 2015 Judge of the First-tier Tribunal Osborne granted the ECO permission to appeal.