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In this determination I shall refer to Mrs Jamac as the claimant and to the Appellant as the ECO.
The claimant, a national of Somalia, date of birth 9 January 1982, applied for entry clearance as a partner under the Immigration Rules which was refused by the ECO on 14 November 2012. An appeal against that decision came before First-tier Tribunal Judge R Chowdhury (the judge) who on 9 October 2012 dismissed the appeal with reference to the Immigration Rules but allowed the appeal under Article 8 of the ECHR.
The ECO applied for permission to appeal which was granted by First-tier Tribunal Judge Colyer on 16 January 2014.
The original Tribunal cannot stand and it was agreed that the decision should be remade, on the submissions made to me.
On the unchallenged evidence in being at the date of the Respondent�s decision ,I find, each relevant requirement of paragraph 281 of the Rules was met. In those circumstances it is also said that there is no need to consider the issues of proportionality under Article 8 with reference to the earnings because quite simply the matter has been settled under the Rules. It is to be noted that the combined position, on behalf of the representatives before me, was that that was the established position at the date of the Respondent�s decision.
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