OA209132013

The appellant is a national of India and date of birth is 29th of July 1989. The respondent refused her an entry clearance as a point based spouse. Judge Carroll heard the appeal at Taylor House on 2 October 2014. Mr Solomon of Counsel represented the appellant and the respondent was not represented at the hearing. In a determination promulgated on 16 October 2014. The Judge dismissed the appeal and gave reasons for doing so.

The appellant sought and was granted permission to appeal to Upper Tribunal by Judge Robertson, a Judge of the First-tier Tribunal. Grounds seeking permission to appeal to the Upper Tribunal are dated 14 November and are drafted by the Counsel who represented the appellant before Judge Carroll.

However at the hearing before me no one appeared for the appellant. After being satisfied that the appellant had been duly served with notice of hearing and had not provided any explanation for non-appearance, I agreed with Mr Walker that there was no good reason for not proceeding with the appeal.

In his customary fairness Mr Walker conceded that the determination of Judge Carroll was in material error of law and that error could only be remedied by re-making the decision against which the appellant had brought her appeal. Mr Walker agreed that the outcome of my consideration would be to allow the appeal as at the time when the appellant was refused entry clearance her husband, who she wished to join, had valid leave to remain in the UK as a Tier 1 Migrant until Many 2016.

The appeal having been allowed and it having been found that the impugned decision was fundamentally flawed, I direct that the fees paid be refunded to the appellant in full.