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The Entry Clearance Officer (the ECO) appeals against a decision of Judge of the First-tier Tribunal Thew promulgated on 8 th October 2014.
The Respondent before the Upper Tribunal was the Appellant before the First-tier Tribunal and I will refer to her as the Claimant.
The Claimant is a female Turkish citizen born 1 st May 1995 who applied for entry clearance to enable her to settle in the United Kingdom with her husband Erdem Mutlu (the Sponsor).
The application, which was made in May 2013, was refused on 6 th June 2013, the ECO not accepting that the financial requirements of Appendix FM were satisfied. It was not accepted that the Sponsor had provided the specified evidence required to prove that he had an annual income of at least �18,600.
The Claimant�s appeal was heard on 3 rd September 2014. Judge Thew (the judge) heard evidence from the Sponsor who was not cross-examined, and considered additional evidence that had not been submitted with the application. There was no prohibition on the judge considering this further evidence if it was relevant to the application, as this is not a points-based system application, where the Tribunal can in general only consider evidence that was submitted with the application.
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