OA165372013

The Appellant ( the Secretary of State ) appealed with permission granted by First-tier Tribunal Judge Pirotta on 15 December 2014 against the determination of First-tier Tribunal Judge Majid who had allowed the Respondent �s appeal against the refusal of her application for entry clearance as a dependant spouse under Appendix FM the Immigration Rules and also under Article 8 ECHR in a determination promulgated on 24 October 2014.

Permission to appeal to the Upper Tribunal as sought by the Secretary of State was granted because, inter alia , the judge had not resolved conflicts in the evidence, had not addressed compliance with Appendix FM adequately, had taken into account irrelevant considerations and had erred in his approach to Article 8 ECHR family life.

Directions were made by the Upper Tribunal in standard form. It was directed that the appeal would be reheard immediately in the event that a material error of law was found.

Ms Everett for the Appellant (the Secretary of State) indicated that she relied on the grounds and the grant of permission to appeal. The determination was wholly inadequate. The determination should be set aside, and the appeal reheard and dismissed.

Mr Kamara, the Respondent�s sponsor, was not in a position to assist the tribunal on the legal issues which arose. Mr Kamara had requested the tribunal to consider additional evidence but the tribunal ruled that any such evidence would have to form the basis of a fresh entry clearance application and did not go to the issue of whether there had been a material error of law.