OA006772013 & OA006882013

The first Appellant is an Ethiopian national born on 19 th November 1987. She is the mother of the second Appellant who was born in Ethiopia in June 2012 and is also of Ethiopian nationality.

The Appellants applied for entry clearance to join the Sponsor, the first Appellant�s husband and second Appellant�s father. The family relationship is not disputed.

The applications were refused by the Respondent on 15 th November 2012 because it was considered that the financial requirements of the relevant Immigration Rules were not satisfied. The Sponsor needed a gross income of at least �22,400 but his declared income fell well short of that figure. The application was therefore refused under paragraph EC-P.1.1(d) of Appendix FM.

Notices of Appeal were lodged on behalf of both Appellants and the matter came before Judge of the First-tier Tribunal Colyer at Nottingham on 6 th December 2013. In a determination promulgated on 7 th January 2014 the appeals were allowed under section EX of Appendix FM and under Article 8 of the European Convention on Human Rights.

That is the procedural route by which the matter came before me for an error of law hearing in the Upper Tribunal on 3 rd September 2014. Representation was as mentioned above. I had before me all the documentation which was before the First-tier Tribunal. In addition, I have been helpfully supplied with a bundle of recent decisions which includes the judgment of the Court of Appeal in MM v SSHD [2014] EWCA Civ 985 .