OA160242014

This is an appeal by the Entry Clearance Officer against a decision of the First-tier Tribunal (Judge Malone) allowing the appeal of Mr Ali Ugurlu (hereafter "the claimant") against the ECO's decision taken on 24 November 2014 refusing him entry clearance as the partner of Christine Ugurlu, a British citizen present and settled in the UK, under section E-ECP of Appendix FM of the Immigration Rules (HC 395 as amended).

The ECO appeals with leave granted by the First-tier Tribunal (Judge P J M Hollingworth) on 12 October 2015.

The judge dismissed the claimant's appeal under the Immigration Rules. He accepted that the relationship between the claimant and his wife (whom he referred to as "Ms Sage") was a genuine one but he did not accept that the claimant had established the required gross annual income of £18,600 at the date of application on the basis of the "specified documents" required by Appendix FM-SE.

Having reached that finding, the judge went on to consider the claimant's case under Art 8 outside the Rules. Having cited a number of authorities and referred to s.117A and s.117B of the Nationality, Immigration and Asylum Act 2002 ("the NIA Act 2002"), at para 42 the judge accepted that the claimant and sponsor enjoyed family life and that the ECO's refusal interfered with that family life. The judge said this:

" I find the Appellant enjoys family life with Ms. Sage. I find that the ECO's refusal interferes with that family life. It has resulted in their being kept apart for over six months. On the basis that the Appellant and Ms. Sage did enjoy a genuine relationship, the ECO did not suggest that it would be reasonable to expect Ms. Sage to go and live in Turkey with the Appellant, thereby avoiding any interference."