OA186412013

On 12 th January 2015 Upper Tribunal Judge Deans granted permission to appeal. Judge Deans noted that the application for permission to appeal contended that the application was properly considered under Appendix FM and that the application did not fall within the family reunion provisions in paragraph 352A for the reasons stated above namely that the Appellant and Sponsor were married after the Sponsor left his country of former habitual residence to seek asylum.

It is on that basis that the appeal comes before me. This is an appeal by the Secretary of State. For the purpose of ensuring continuity within the proceedings Mrs Mowleetharan is referred to herein as the Appellant and the Secretary of State as the Respondent. The Appellant appears by her instructed Counsel Mr Sharma. Mr Sharma is familiar with this matter having appeared before the First-tier Tribunal. The Secretary of State appears by her Home Office Presenting Officer Miss Pal.

I am greatly assisted in this matter by the concession made by Mr Sharma that the Grounds of Appeal which I have recited in some detail above are made out and that the Appellant accepts that there is an error of law in the decision of the First-tier Tribunal Judge. However he indicates he is not instructed to concede the appeal and that that must be left to the Tribunal but that he has nothing further to add.

Miss Pal does no more than rely on the Grounds of Appeal indicating that they set out clearly the Secretary of State�s position.

Areas of legislative interpretation, failure to follow binding authority or to distinguish it with adequate reasons, ignoring material considerations by taking into account immaterial considerations, reaching irrational conclusions on fact or evaluation or to give legally inadequate reasons for the decision and procedural unfairness, constitute errors of law.