OA095772012

The appellant is a citizen of Iraq, born on 13 April 1964. By notice dated 30 April 2012 the respondent refused her application for entry clearance as a spouse for settlement in the UK. The appellant did not provide the original English language test certificate required by the Immigration Rules HC395, as amended. The financial aspects of her application were also doubted. The decision was thought to be proportionate in terms of Article 8 of the ECHR.

In his determination, promulgated on 1 February 2013, First-tier Tribunal Judge D'Ambrosio found in the appellant�s favour on accommodation and maintenance under the Rules, but that she failed to produce the required certificate of English language ability. He dismissed the appeal under the Rules, and allowed it under Article 8 of the ECHR.

i) The appellant failed to provide evidence of an accepted English language test. The option of resitting this test � is still open to her. The judge erred � by finding at paragraph 21 � that if the Article 8 claim fails the appellant would have no other lawful right to enter the UK, this contradicts the judge�s findings at paragraph 126 � that she can apply for entry clearance as a family visitor and at paragraph 127 [that she can] submit a fresh application [as a spouse].

ii) The sponsor is in receipt of disability benefits � this does not prevent him from supporting an application for entry clearance even if under the new Rules the requirements � are more rigorous. The judge finds that it would take the appellant years to raise sufficient funds � given his findings � that the appellant�s claimed savings are credible, despite the Entry Clearance Officer�s concerns � the judge�s findings contradict themselves �

On 25 February 2013, Designated First-tier Tribunal Judge Shaerf granted permission to appeal, on the view that the judge�s findings were perhaps contradictory and unclear: