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I must first decide if the decision of the Judge contained an error on a point of law so that it should be set aside.
At the hearing before me, it was agreed between the representatives that the Judge had erred in law in reaching this conclusion. He had applied an Immigration Rule that was not in force when the Appellants had made their applications. I find an error of law accordingly.
I then proceeded to remake the decision of the Judge. It was further agreed between the representatives that another contract submitted with the application, that with Permtemps Limited, met the requirements of the relevant Immigration Rule in all respects except that it did not give a landline telephone number for that company. It was also agreed that the decision of the Respondent was not in accordance with the law in that she had failed to apply her own Evidential Flexibility Policy in force when the decision was made in an attempt to rectify this defect. I so find.
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
I re-make the decision in the appeal by allowing it to the extent of finding that the Respondent�s decision to refuse the application for leave to remain was not in accordance with the law.
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Common Room
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