OA082232014

This is the appeal of the Entry Clearance Officer against the decision of First-tier Tribunal Judge Asjad promulgated 19.1.15, allowing under both the Immigration Rules and article 8 ECHR, the claimant�s appeal against the decision of the Entry Clearance Officer to refuse him entry clearance to the United Kingdom as an adult dependent relative under section E-ECDR of Appendix FM of the Immigration Rules. The Judge heard the appeal on 8.1.15.

For the reasons set out below I find that there was such error of law in the making of the decision of the First-tier Tribunal such that the determination of Judge Asjad should be set aside and remade.

The first test under E-ECDR 2.4 is that the claimant must demonstrate that as a result of age, illness or disability, he requires long-term personal care to perform everyday tasks.

Judge Asjad allowed the appeal, finding that because of the claimant�s age he requires long-term help from another person with cooking. At �22 of the decision the was satisfied on the balance of probabilities that this had been proved. However, the judge failed to consider the specified evidence requirements under Appendix FM-SE and I find, for the reasons set out that the claimant failed to provide the necessary evidence.

At �22 of the decision Judge Asjad also answered the test in E-ECDR 2.5 in the claimant�s favour, the test being that the claimant must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in India, because it is not available and there is no person in that country who can reasonably provide it. Again, the judge failed to consider the specified evidence requirements.