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(Immigration and Asylum Chamber)�������������������������� Appeal number: OA/10324/2013
Whereas the respondent is the appealing party, I shall, in the interests of convenience and consistency, replicate the nomenclature of the decision at first instance.
The appellant, born September 21, 1073 is a citizen of Nigeria. He applied for entry clearance as a dependant of a points based migrant and his application was considered under paragraph 319C HC 395. On April 8, 2013 the respondent refused this application.
The appellant appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on April 29, 2013 and the respondent reviewed the decision on September 3, 2013. On January 9, 2014 Judge of the First Tier Tribunal Saffer (hereinafter referred to as the �FtTJ�) heard his appeal and allowed it in determination promulgated on January 14, 2014.
The respondent lodged grounds of appeal on January 20, 2014 and on May 15 2014 Judge of the First-tier Tribunal Chochan granted permission to appeal finding it arguable the FtTJ had possibly erred by taking into account documentary evidence that post-dated the decision and as it was a points based application he had been precluded from doing so pursuant to Section 85A of the 2002 Act.
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