OA231552012

This is an appeal by the appellant against the determination promulgated on 23 October 2013 of First-tier Tribunal Telford which refused the appeal against the respondent�s decision of 15 October 2012 to refuse entry clearance as a pre-flight spouse of a refugee.

The First-tier Tribunal found that the appellant had not shown that she married the sponsor in January 2004 as claimed, at a time before the sponsor left Eritrea.

It was conceded for the respondent that the First-tier Tribunal failed to make any reference to the information contained in the first section of the sponsor�s asylum interview which was conducted on 27 November 2008. The sponsor stated there that he was married to Bisrat Tekle, that she was born in 1988 and that they married on 1 January 2004.

It was further conceded for the respondent that it could not be said that the outcome of the decision would have been the same had this material evidence been taken into account by the First-tier Tribunal, notwithstanding the other points taken against the appellant in the determination.

It was my view that an error of law arose from the failure to address this highly material evidence, confirmation of the appellant�s identity and the marriage taking place in 2004 being provided some 4 years prior to the entry clearance application as part of an asylum claim in which the sponsor was found partly credible and granted status at first instance as a result of the Secretary of State for the Home Department�s view of his credibility.