OA010482013

This is an appeal by the Entry Clearance Officer (ECO). However, for the purposes of this decision, I shall refer to the ECO as the respondent and Ms Heydari as the appellant, reflecting their positions as they were in the appeal before the First-tier Tribunal.

The appellant is a citizen of Afghanistan, born on 6 September 1992. On 15 August 2012 she applied for entry clearance to the United Kingdom as a partner under paragraph EC-P.1.1 of Appendix FM of the immigration rules . Her application was refused on 12 November 2012 on the grounds that she could not meet the financial requirements in paragraph E-ECP.3.3.1 since her sponsor�s gross annual income was below that required under the rules.

The appellant lodged an appeal against that decision, stating in her grounds of appeal that her husband had since obtained a new job and was earning well above the gross annual income required under the rules.

Permission to appeal to the Upper Tribunal was sought by the respondent on the basis that the judge had failed to identify compelling circumstances not recognised by the rules, pursuant to the guidance in Gulshan (Article 8 � new Rules � correct approach) Pakistan [2013] UKUT 640 and that the outcome of the respondent�s decision was not unduly harsh.

The appeal came before me on 18 July 2014. There was no appearance by the sponsor or any other party on behalf of the appellant. However, in a letter dated 14 July 2014, the sponsor made written submissions in response to the grant of permission, submitting that the judge had identified compelling circumstances.