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The Entry Clearance Officer (ECO) appeals the decision of First-tier Tribunal Judge C Newberry, promulgated on 16 December 2014, allowing an appeal against a decision to refuse the respondent leave to enter the United Kingdom as a partner.
The respondent married Mr Mohamed Ala Miah (the sponsor), on 16 December 2011. The first wife of the sponsor died of a brain tumour on 14 June 2011. The sponsor has two children from his first marriage, who were aged 3 and 8 at the time of the ECO's decision. The sponsor gave up employment in order to care for his children following the deaths of his late wife and mother-in-law in July 2012.
The respondent's application was refused on 23 April 2013 under paragraph EC-P.1.1(d), with reference to E-ECP. 3.1. In essence, it was not accepted that the sponsor was exempt from the financial requirements as defined in E-ECP3.3. The ECO noted that the sponsor was unemployed and in receipt of Income Support, bereavement benefits, Child Benefit and Tax Credits but commented that these could not be taken into account to assess his financial circumstances and they did not exempt him from the said requirements.
At the hearing before the FTTJ, the sponsor gave evidence and in adopting his witness statement, it emerged that his mother-in-law, who had assisted him with the children, died on 29 July 2012 and his father-in-law on 5 June 2014. There was also documentary evidence before the FTTJ, which stated that the sponsor was " going into depression " and was in receipt of substantial assistance from Coventry City Council's Children and Young Peoples Directorate.
The FTTJ considered there to be arguably good grounds for granting leave outside the Rules on the basis that the sponsor's children were British citizens who were therefore entitled to the benefits this brought; the sponsor was in receipt of public funds because he was unable to work while caring for his children; that the family had suffered misfortune and that the presence of the respondent would enable the sponsor to resume work.
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