OA164972013

I shall in this determination refer to the appellant as the respondent and to the respondent as the appellant (as they appeared respectively before the First-tier Tribunal). The appellant is a citizen of Iran who was born on 21 March 1982. She applied for entry to the United Kingdom as a partner under Appendix FM of HC 395 but her application was refused on 4 July 2013. She appealed to the First-tier Tribunal (Judge Mensah) which, in a determination promulgated on 14 July 2014, dismissed the appeal. The appellant now appeals, with permission, to the Upper Tribunal.

I have considered the evidence of the subsistence of the relationship very carefully and find that it satisfied me to the standard of the balance of probabilities that the appellant and respondent were, at the date of the immigration decision, and since that date in a subsisting relationship. In the circumstances, the appellant satisfies each of the requirements of Appendix FM of HC 395 and in consequence I allow her appeal against the ECO�s decision.

The determination of the First-tier Tribunal promulgated on 14 July 2014 is set aside. I have re-made the decision. The appellant�s appeal against the Entry Clearance Officer�s decision of 14 July 2013 is allowed under the Immigration Rules.