OA014272013

At the outset of the hearing in the Upper Tribunal, Mr Wardle told us that, whilst he was not instructed to withdraw the appeal, he considered it correct to bring to our attention the fact that the grounds sought to rely upon a version of the Immigration Rules which was not in force at the date of the appellant�s application for entry clearance. He told us that it followed that Judge Grimshaw had not erred in law because she had not, as the grounds submit, failed properly to apply the provisions of paragraph 320 as applied at the date of the appellant�s application for entry clearance.

We are grateful to Mr Wardle for his assistance and agree with his analysis. We can identify no error of law in the determination of Judge Grimshaw and this appeal is dismissed accordingly.