IA127462014

�It is arguable that the judge erred in her conclusion that the appellant�s husband was not so dependent on the appellant that he could not cope without her for a �short period�, given the evidence that the husband required the appellant to get him out of bed and to get dressed, amongst other matters.�

The appeal turned on the question as to whether it was reasonable for the appellant to return to Ghana in order to make an out of country application for entry clearance. Judge Obi described this as a � Sabir � case, referring to Sabir (Appendix FM � EX.1 not free standing) [2014] UKUT 63 (IAC) . In that case, Judge Coker concluded at [33]:

The evidence regarding Mr Finlay�s medical condition arose entirely out of examination-in-chief and cross-examination before the First-tier Tribunal; the statements of the appellant and Mr Finlay which were submitted to that Tribunal contained no reference at all to the care needs of Mr Finlay. The judge summarised the appellant�s oral evidence as follows;

�[Mr Finlay] cannot get up easily as he has difficulties with his legs and [the appellant] has to help him on a daily basis. She said she helps him with his dressing after he has had a bath and that she creams him and dresses him and that she collects his mediation ( sic ).�

Mr Finlay told the judge that he �suffers from osteoarthritis which affects his knees. He is unable to walk long distances or go up and down the stairs.� However, he had recently �fallen off a ladder� and the appellant had had to �help him up� [14]. Mr Finlay subsequently explained that he had been cutting a hedge when he had fallen off the ladder. He also said that he was �aware that he could call Social Services to help him but did not think he could do it at awkward times of the day.�