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His appeal was heard by First Tier Tribunal Judge Hussain who dismissed his appeal on the basis that he could not locate the bank statement from the TSB. Permission to appeal was granted by First Tier Tribunal Judge Landes who located the TSB bank statement on the file running from 19 th July 2013 to 24 th January 2014 and which pre dated the application by four days.
I find that there was an error of law as the judge failed to take into account the TSB statement which was on file. This had a material affect on the assessment of the funds available to the appellant.
The one ground in issue was whether the appellant had shown that he had shown the required funds. The question was what was before the Secretary of State when she made her decision? At the hearing I requested that Ms Isherwood make enquiries as to the documents which had been before the Secretary of State when she made the decision in April 2014. She very efficiently and helpfully made enquiries. This avoided an adjournment to another day and saved time for both the respondent and the appellant.
Ms Isherwood conceded that the appeal should be allowed as all the relevant requirements had been met. I agree.
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