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The appellant is a citizen of Albania who was born on 7 August 1989. She had applied for entry clearance as the spouse of Mr Atur Sufaj, a citizen of the United Kingdom of Albanian origin pursuant to paragraph 281(v) of the Immigration Rules. The couple have a daughter who is a British citizen, currently living with her mother, the appellant, in Albania.
The appellant�s appeal was dismissed by First-tier Tribunal Judge Turkington and the appellant appealed against that decision.
Subsequently, the sponsor submitted further evidence on behalf of the appellant, and the respondent conducted independent investigation, following which the respondent has now accepted (because of information supplied by HM Revenue and Customs) that the sponsor�s income was in fact sufficient to satisfy the maintenance requirements applicable at the date of decision. As it has by now been accepted that the other requirements under the Rules have been satisfied, the respondent no longer wishes to contest this appeal.
Having given independent consideration to the reasons why the respondent is now satisfied that the requirements under the Rules have been met, I am also so satisfied, and it follows that this appeal must be allowed, and I will so find.
The determination of the First-tier Tribunal having been found to contain a material error of law, I substitute the following decision:
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