OA151862013

For the Respondent: Mr A Rahman, Legal Representative, instructed by Jalalabad Law Associates

Mrs Nesa is a citizen of Bangladesh and I shall refer to her as the claimant. She applied for entry clearance as a partner under Appendix FM of the Immigration Rules and her application was refused by the Entry Clearance Officer (ECO) and again by the Entry Clearance Manager (ECM) although there was a concession in connection with the English language test. However, in respect of the financial requirements the ECM maintained the decision and the claimant�s subsequent appeal was allowed by Judge T Jones in a decision dated 11 th November 2014.

The grounds were found to be arguable and permission to appeal granted. Thus the matter came before me on the above date.

For the Home Office Mr Melvin submitted that the judge had misdirected himself in law. There was insufficient evidence to show that the Appellant had complied with the necessary requirements. As such the decision should be set aside and a fresh decision made dismissing the appeal.

Mr Rahman accepted that, as stated in the grounds of application and the refusal notice, the specified documents had not been lodged but maintained that the judge was entitled to look at all the circumstances and had been correct to allow the appeal. It was important to note that in paragraph 9 of the decision the judge had noted a concession from the Presenting Officer that the Appellant was paid in cash. In all the circumstances Mr Rahman indicated that there was no material error in law and the decision should stand.