OA068672013

In this determination I will refer to the parties using the descriptions used before the First-Tier Tribunal.

The appellant is a female citizen of Afghanistan born 8 March 1989. She applied for entry clearance with a view to settlement as a spouse of a person present and settled in the United Kingdom. The application was refused and the appellant appealed that decision.

The appeal came before Judge of the First-Tier Tribunal Ghaffar sitting at Newport on 9 January 2014. Both parties were represented (the appellant by Mr Bandegani). The judge heard evidence and submissions and in a determination dated 22 January 2014 allowed the appeal �under the Rules� and at paragraph 17 of the determination said �as I have allowed the immigration appeal I have not considered the Article 8 appeal before me�.

In summary the judge noted a concession on the appellant�s behalf that she could not meet the requirements of Appendix FM, however the judge went on to consider the appeal under paragraph EX1 of Appendix FM and considered that by reason of EX1 the appellant was entitled to succeed in her appeal.

The respondent sought leave to appeal the decision alleging a material misdirection in law upon the basis that EX1 of Appendix FM could not apply as it was an entry clearance case. The grounds also suggested that the appeal was allowed under Article 8 ECHR (which in fact it wasn�t). Reference is made in the grounds to Gulshan [2013] UKUT 640 .