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The Secretary of State relied on a Document Verification Report from an Entry Clearance Assistant in the British High Commission in Dhaka. The assistant concerned had been asking whether First Security Islami Bank Limited could verify a letter dated 21 November 2013 that was attached to the report and a statement generated on the same date. The letter is said to have been issued by Mr Hossain, Assistant Manager of the Dovashi Bazar Branch and the statement referred to the same branch. The judge held as follows:
On the basis of this document report I am not at all satisfied that the documents relied upon by the Appellant are false. The Respondent has not discharged the burden upon her to demonstrate that they were and refusal under Paragraph 322(1A) cannot be justified. Because the Respondent states in the refusal document that refusal under the substantive Rule, Paragraph 245ZX is based upon the refusal under Paragraph 322, that refusal cannot be in accordance with the Rules either.�
Ms Everett did not rely on the second ground. She said that the judge should have considered the substantive merits of the appeal.
I find however the judge erred in allowing the appeal without determining the substantive merits of the respondent�s application. The issue was whether the respondent had the required level of funds over the relevant 28 day period leading up to the date of application.
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