OA244412012

This appeal came before me and Deputy Upper Tribunal Judge Mailer, on 8 April 2014. It is as an appeal by the Entry Clearance Officer, Islamabad, against the decision of the First-tier Tribunal allowing an appeal by a citizen of Afghanistan against a decision of the Entry Clearance Officer refusing him entry clearance to join his wife and child in the United Kingdom. We were satisfied that the First-tier Tribunal erred in law and gave our reasons.

We set aside the decision and gave directions for the progress of the case. We incorporate here the reasons given on 9 April to explain our decision. Subject to some minor grammatical corrections these are the reasons that have already been disclosed to the parties with the directions.

The respondent, hereinafter �the claimant�, is a citizen of Afghanistan who appealed successfully to the First-tier Tribunal against the decision of the respondent, hereinafter the Entry Clearance Officer, refusing him entry clearance to the United Kingdom as the wife of his sponsor.

Essentially the Entry Clearance Officer did not accept that the claimant�s marriage was subsisting or that he and his wife intended to live together permanently in the United Kingdom, or that the claimant had shown in the required way that sufficient funds were available or that his competence in the English language was sufficient. The Entry Clearance Officer decided the application with regard to the rules in force on 9 July 2012.

The First-tier Tribunal Judge found that the marriage was subsisting and that the parties to the marriage intended to live together permanently. The First-tier Tribunal Judge was particularly assisted by evidence that the parties to the marriage had a child, a boy, born on 7 May 2008.