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For the Respondent: Ms S. Pinder, Counsel, instructed by Shanthi & Co. Solicitors
This is an appeal by the Entry Clearance Officer against the decision of First-tier Tribunal Judge Rowlands, promulgated on 20 February 2017, in which he allowed Mrs. Asman's appeal against the Entry Clearance Officer's decision to refuse entry clearance as the spouse of the Sponsor.
For the purposes of this decision I refer to the Entry Clearance Officer as the Respondent and to Mrs. Asman as the Appellant, reflecting their positions as they were before the First-tier Tribunal.
"It is arguable, as submitted within the grounds of appeal, that the Judge has materially erred in taking into account documents that were not submitted with the application, when considering whether or not the requirements of Appendix FM-SE had been met, in respect of the specified documents necessary to prove the financial requirements of the Rules. The Judge has not stated if the documents he took account of were submitted with the application, as opposed to after the application, as contended by the Secretary of State."
The Sponsor attended the hearing. I heard submissions from both representatives following which I reserved my decision.
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