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This is an appeal by the Entry Clearance Officer against a decision of the First-tier Tribunal (Judge Onoufriou) which allowed the appellant�s appeal against a refusal to grant him entry clearance as the spouse of a British citizen under Appendix FM of the Immigration Rules. Although Judge Onoufriou was not satisfied that the appellant met the requirements of Appendix FM, in particular the financial requirements in E-ECP3.1, the Judge allowed the appeal under Article 8 of the ECHR.
For convenience, I will refer to the parties hereafter as they appeared before the First-tier Tribunal Judge.
The appellant is a citizen of Algeria who was born on 26 October 1973. He first came to the UK as a visitor on 24 July 2003. His leave expired on 24 January 2004 and he remained as an overstayer in the UK until 9 November 2012 when he voluntarily returned to Algeria.
The appellant appealed to the First-tier Tribunal. The appeal was heard by Judge Onoufriou and at that hearing, in addition to a number of documents being submitted, the sponsor gave oral evidence.
On the basis of that evidence, Judge Onoufriou concluded that the appellant had not dishonestly failed to disclose material facts in his application which had been mistakenly filled in (without any such intent) by his previous legal representative. It was accepted by the Presenting Officer that the appellant�s English language qualification fulfilled the requirements of Appendix FM.
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