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Whereas the original respondent is the appealing party, I shall, in the interests of convenience and consistency, replicate the nomenclature of the decision at first instance.
The appellant is a citizen of Pakistan who sought entry clearance as a spouse on October 30, 2013. The respondent refused her application on March 18, 2014, as she had not satisfied all of the requirements of paragraph EC-P1.1 of Appendix FM of the Immigration Rules.
The matter came before Judge of the First-tier Tribunal Williams (hereinafter referred to as the �FtTJ�) on December 2, 2014 and in a decision promulgated on December 17, 2014 he allowed her appeal under article 8 outside of the Immigration Rules. He found her claim under the Immigration Rules failed.
The respondent lodged grounds of appeal on December 30, 2014 submitting the FtTJ had erred. She argued that the FtTJ wrongly took into account Section 117B(6) of the 2002 Act, which only applied in removal cases and appeared to allow the appeal simply because the FtTJ considered the claim was akin to a near miss albeit those words were not used. Insufficient reasons for allowing the appeal were given.
On February 6, 2015 Judge of the First-tier Tribunal Plumptre gave permission to appeal finding the FtTJ had erred by having regard to Section 117B(6) of the 2002 Act and possibly for allowing the appeal as a near miss because he failed to give adequate reasons why refusal of entry clearance would result in unjustifiably harsh outcomes.
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