OA087492013

The Appellant is a citizen of Iraq born on 14 th May 1985. The Appellant applied for entry clearance as a partner under Appendix FM of the Immigration Rules. Her application was refused by the Entry Clearance Officer on 26 th February 2013 on the basis that the Appellant had not provided satisfactory evidence that her Sponsor�s financial circumstances were as she claimed and that she had not provided satisfactory evidence that her Sponsor�s income met the required amount. Therefore the application was refused under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules.

The Appellant appealed and the appeal came before Judge of the First-tier Tribunal Wellesley-Cole sitting at Taylor House on 2 nd July 2014. In a determination promulgated on 15 th July 2014 the Appellant�s appeal was allowed.

Areas of legislative interpretation, failure to follow binding authority or to distinguish it with adequate reasons, ignoring material considerations by taking into account immaterial consideration, reaching irrational conclusions on fact or evaluation or to give legally inadequate reasons for the decision and procedural unfairness, constitute errors of law.

I have given due consideration to the relevant authorities to which I am referred.

� 1. If a decision maker in the purported exercise of a discretion vested in him noted his function and what was required to be done when fulfilling it and then proceeded to reach a decision on that basis, the decision is a lawful one and the Tribunal cannot intervene in the absence of a statutory power to decide that the discretion should have been exercised differently (see s 86(3)(b) of the Nationality, Immigration and Asylum Act 2002).