OA197922013

We refer to the parties as they were before the First-tier Tribunal. Thus, this is an appeal from a determination of the First-tier Tribunal promulgated on 10 September 2014. Permission to appeal was granted by First-tier Tribunal Judge Digney on 22 October 2014. He recounted when giving permission to appeal that the appellant, a citizen of Jamaica, had applied for leave to enter this country as an adult dependent relative. That application was refused and an appeal against that decision was allowed.

The grounds of appeal argued that the judge did not deal properly with paragraph E-ECDR.2.5(b) of the Immigration Rules and that the judge wrongly concluded that it did apply. It was arguable, so said Judge Digney, for the reasons given in the application, that that paragraph did not apply and that the judge erred in law in concluding that it did. And so Judge Digney granted permission to appeal.

The Secretary of State's grounds of appeal recited that First-tier Tribunal Judge Simpson had materially erred in law in allowing the appeal. The grounds referred to paragraph 12 of the determination in which the judge had made findings to the effect that the relevant paragraph of the Rules was met on the basis that treatment costs were between J$250,000 and J$300,000 and that the appellant could pay for an operation in the United Kingdom because her sponsor had over �10,000 in savings.

The grounds go on to say that the First-tier Tribunal Judge did not convert those figures to sterling and that the sums in question converted to less than �2,000. As a result it was contended that it was entirely obvious on any assessment of the facts that the requirements of the relevant paragraph were not met in this case, and that the learned judge had erred in law in finding that they had been.

We take the facts from the determination of the First-tier Tribunal. The appellant is a citizen of Jamaica born on 19 October 1929. She applied for entry clearance to join her daughter, Joyce Tennyson, in the United Kingdom, as her dependent relative. She appealed the decision of the Entry Clearance Officer, Kingston, made on 13 September 2013, to refuse her leave to enter under paragraph EC-DR.1.1 of Appendix FM to the Immigration Rules.