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The Appellant ( the Secretary of State ) appealed with permission granted by First-tier Tribunal Judge Cruthers on 11 June 2015 against the decision and reasons of First-tier Tribunal Judge Suffield-Thompson who had allowed the Respondent 's appeal against the Entry Clearance Officer's decision dated 31 July 2014 to refuse to grant the Respondent leave to enter the United Kingdom for settlement as a spouse under Appendix FM of the Immigration Rules. The decision and reasons was promulgated on 30 March 2015. The appeal was determined on the papers as the Respondent had requested.
Judge Suffield-Thompson allowed the appeal under the Immigration Rules, finding that the sponsor was paid £18,700 per annum. The judge did not address Appendix FM-SE.
Permission to appeal to the Upper Tribunal as sought by the Appellant was granted by Judge Cruthers because he considered that it was arguable that the judge had failed to address the two week gap in the salary deposits, in the context of the requirements of Appendix FM-SE.
Mr Tufan for the Secretary of State submitted that this was a clear case of legal error, as the grant of permission to appeal by the First-tier Tribunal indicated. The judge had evidently misconstrued Appendix FM-SE and so had missed an essential point in the refusal notice. No relevant findings had been made.
Mr Sreekumar, the Respondent's sponsor indicated that he wanted the judge's decision to be upheld.
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