OA081752013

The Appellant applied for entry clearance to the UK as a spouse which was refused. The Appellant's appeal was heard by First-tier Tribunal Judge Graham on the 29 th of November 2013 in Birmingham. The appeal was dismissed in a determination promulgated on the 13 th of December 2013.

In dismissing the appeal the Judge found that the evidence to show a subsisting relationship was inadequate and phone evidence was rejected. At paragraph 13 the Judge considered the Sponsor's claimed recent trip to Pakistan to see the Appellant, it was pre-decision, and found that he had not provided evidence to show that such a visit had taken place. The appeal was dismissed with the Judge finding that the marriage was not subsisting.

The application for permission to appeal to the Upper Tribunal stated that the Tribunal had been served with copies of the Sponsor's passport and flight tickets before the hearing and this was confirmed by the return of those documents by the Tribunal after the hearing. It was an error for the Judge not to have considered them given the findings in paragraph 13.

Permission to appeal was granted by First-tier Tribunal Judge De Haney on the 9 th of April who noted that the First-tier Tribunal file contained copies of the documents referred to in the application and that it was arguable that the Judge erred in failing to take account of all the evidence before her.

The rule 24 response from the Secretary of State assert that the documents were received by the Tribunal after the hearing. In the file that I have there are copies of the passport, with stamps for the early 2013 visit and copies of the flight ticket and documentation, date stamped the 27 th of March 2013.