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The 1 st Respondent, who was born on 3 October 1984, is a national of Pakistan. She married in 2006 and on 18 August 2008, her daughter, the 2 nd Respondent, was born. It is the 1 st Respondent's case that her husband died of a heart attack on 23 February 2012.
On 12 December 2012 the Respondents applied for entry clearance as visitors but their applications were refused on 20 December 2012.
The Appellant appealed on 28 April 2014. She asserted that the First-tier Tribunal Judge had failed to consider whether the requirements of paragraphs 34 - 37 of Appendix FM-SE had been complied with when considering the 1 st Respondent's appeal and whether she required long term personal care to perform everyday tasks as the result of her mental condition.
Permission to appeal was granted by First-tier Tribunal Judge Cruthers on 7 th July 2015. He found that it was arguable that First-tier Tribunal Judge Mace had paid insufficient attention to the evidential requirements contained in Appendix FM-SE.
However, I gave counsel time to take instructions on the document, which were provided by the Appellants' sponsor and other family members. He told me that he was instructed to continue with the hearing and that the 1 st Respondent had not completed the application form but had relied on an agent to do so. Therefore, any inconsistencies arose from errors made by that agent.
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