IA044572013

This is an appeal against the determination dated 2 May 2013 of First-tier Tribunal Metzer which dismissed the appeal against the respondent�s decision of 18 January 2013 which refused the appellant�s application as a domestic worker.

It was common ground that the appellant could not succeed under any of the provisions of HC 395 (the Immigration Rules) and that, as before the First-tier Tribunal, the only matter in issue was her appeal under Article 8 of the ECHR.

Mr Walker also submitted that it was now the respondent�s view that it would be disproportionate to expect the appellant to return to the Philippines and that the appeal should be allowed. It was undisputed before the First-tier Tribunal that the relationship was genuine and subsisting. If more were needed, it was also accepted that the couple had married on 5 July 2013. It was accepted that Mr Wray would have difficulty managing without the appellant due to his health problems. In short, it was Mr Walker�s submission that the appeal should be allowed outright under Article 8.

As a result of the Secretary of State�s position at the hearing before me, I found that the determination of the First-tier Tribunal disclosed an error on a point of law such that it should be set aside and re-made.

The Secretary of State has also indicated that the appellant�s return to the Philippines would amount to a disproportionate interference with her family and private life. I therefore re-made the appeal as allowed under Article 8 of the ECHR.