OA013582014

This is an appeal against the decision of First-tier Tribunal Judge Devittie, promulgated on 27 February 2015, dismissing an appeal against a decision to refuse the appellant leave to enter the United Kingdom as a partner. FTTJ Kelly granted permission to appeal on 11 May 2016.

In appealing the ECO's decision, on 16 January 2014, the appellant argued that the provisions of the Rules were met; that ample evidence was before the ECO as to the financial and relationship requirements and that the appellant had submitted her master's degree certificate, which was issued by a recognised higher educational institution in the United Kingdom.

An Entry Clearance Manager (ECM) reviewed the decision to refuse entry, however the original decision was maintained. A request was made that the tribunal not take into consideration any additional evidence provided at the appeal.

In dismissing the appeal, the FTTJ did not accept that the appellant had adequately addressed all the reasons for refusal. He remarked that it was " common ground " that the financial requirements were not met but accepted that the English language requirement was met.

The grounds argued, firstly, that the FTTJ failed to consider evidence he was required to, notwithstanding that it emanated after the date of the ECO's decision. Secondly, it was said that the FTTJ erred in making a distinction between a current and savings account, which was said to have been an irrelevant consideration. Lastly, the FTTJ was said to have erred in concluding that the funds had not been held for 28 days by reference to the last transaction rather than the date the bank statement was issued.