OA009272015

No anonymity order was made by the First-tier Tribunal. I find that no particular issues arise on the facts of this case that give rise to the need for a direction. For this reason no anonymity direction is made.

This is an appeal by the Entry Clearance Officer ("ECO"). For ease of reference, I refer below to the parties as they were in the First-Tier Tribunal albeit that the ECO is technically the Appellant in this particular appeal.

The ECO appeals against a decision of First-Tier Tribunal Judge M Davies promulgated on 11 August 2015 ("the Decision") allowing the Appellant's appeal against the ECO's decision dated 27 November 2014 refusing the Appellant entry clearance as the spouse of a British citizen. The ECO's decision was upheld on administrative review by the Entry Clearance Manager ("ECM") following the lodging of the appeal by a decision dated 11 March 2015. The ECM upheld the ECO's decision under paragraph 320(11) of the Rules.

By the Decision, the Appellant's appeal was allowed on the basis that the ECO's decision was not in accordance with the law for failure by the ECO to follow the correct procedure when refusing an application under rule 320(11) of the Immigration Rules ("the Rules") namely to have the decision reviewed by an ECM. For that reason, the Judge allowed the appeal and required the ECO to re-take the decision in accordance with the procedure required by the ECO guidance.

Permission was granted by Upper Tribunal Judge Kebede on 4 January 2016 on the basis that it was unclear why the Judge concluded that the ECO had failed to obtain the necessary authorisation of the ECM. This matter comes before me to decide whether the Decision contains an error of law and if so to re-make the Decision or remit the appeal to the First-Tier Tribunal for re-hearing.