OA232352012

For the Appellant: Mr R Blundell, counsel, instructed by South West London Law Centre

The appellant (hereafter the ECO) appeals a decision by First-tier Tribunal judge Cope who allowed an appeal by Ms Gurung (hereafter the claimant), who is a citizen of Nepal born 30 th November 1976, against a decision dated 14 th November 2011 to refuse her entry clearance as a partner on the grounds that she did not meet the financial criteria as set out in paragraph E-ECP.3.3.

Judge Cope determined the appeal on the papers, as requested by the respondent (hereafter the claimant). He found that the decision of the ECO was not in accordance with the Immigration Rules or the law and that the application remained before the ECO for a lawful decision; he allowed the appeal. He made no findings on whether the claimant met the financial requirements of the Rules.

Permission to appeal the decision was granted by Designated First-tier Tribunal Judge Murray on 12 th September 2013 on the grounds that it was arguable that although the ECO accepts that there were factual errors in the decision to refuse entry clearance, the financial calculation when properly conducted on the basis of the documentation before the ECO would in any event result in the claimant being unable to meet the criteria and that �evidential flexibility� was not relevant to the case.

Mr Blundell took us carefully through the financial documents which confirmed that the claimant met the financial requirements of the Rules. Ms Everett, quite properly in the light of that documentary evidence, concurred.