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This is an appeal to the Upper Tribunal, with permission, by the Secretary of State. She appealed the determination of First-tier Tribunal Judge Somal) who, in the determination promulgated on 24th May 2013, allowed at the Claimants� appeals, to a limited extent, against the Secretary of State's decision to refuse them leave to remain as a Tier 2 (General) Migrant and her dependent husband.
The Secretary of State's grounds seeking permission to appeal argue that the application was refused by the Secretary of State because inadequate evidence had been provided with regard to salaried sponsorship. The First-tier Tribunal judge had failed to consider section 85A of the Nationality, Immigration and Asylum Act 2002 and therefore erred in allowing the appeal even to a limited extent.
The appeal to the Upper Tribunal is allowed such that the Secretary of State�s original decision is upheld.
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