OA164322014

This is an appeal against the determination of First-tier Tribunal Judge M Whalan, promulgated on 30 th September 2015, following a hearing at Taylor House on 4 th September 2015. In the determination, the judge allowed the appeal of Miss Khadija Sikandar, whereupon the Respondent Entry Clearance Officer, subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a citizen of Pakistan, a female, and she was born on 12 th February 1986. She appealed against the decision of the Respondent Entry Clearance Officer dated 18 th November 2014, refusing her application for a spouse visa to join her husband, Dr Hasnat Ali, a British citizen, living in the United Kingdom.

The judge went on to record the evidence of the Appellant's sponsoring husband, Dr Ali, who "was pretty clear during the oral hearing that the Appellant had in fact filed all the relevant documentation, or at least most of it, at the time of the substantive application". (Paragraph 7). The judge did not determine this issue, however.

The grounds of application state that the judge erred in law in allowing the appeal on the basis of documents and evidence submitted after the date of the decision contrary to what was required in Appendix FM.

At the hearing before me on 20 th May 2016, Mr Tufan, appearing on behalf of the Respondent Entry Clearance Officer, stated that the correct date for determination of the evidence was the date of the application. It was not the date of the hearing. It was not enough even to submit evidence before the Entry Clearance Manager's review. All the evidence had to be in with the application itself. The Appellant could not have succeeded under the Rules. The correct approach for him was now to make a new application.