OA009852013

The respondent, Rashid Mahmood, was born on 3 January 1980 and is a male citizen of Pakistan. He had applied for entry clearance to the United Kingdom as the spouse of Shazia Bibi (hereafter referred to as the sponsor). His application was refused by the Entry Clearance Officer (ECO) in Islamabad by a decision dated 18 December 2012. The respondent appealed to the First-tier Tribunal (Judge Kelly) which, in the determination promulgated on 11 September 2013, allowed the appeal in respect of the Immigration Rules. The Entry Clearance Officer now appeals, with permission, to the Upper Tribunal.

I shall refer to the respondent in these proceedings as the �appellant� (as he was before the First-tier Tribunal) and to the Entry Clearance Officer as the �respondent�.

The appeal turns on a single issue. The respondent was not satisfied that the appellant met the requirements of paragraph 281(ii) of HC 395 (as amended):

(ii) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:

(b) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;