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The appellant, Mobbeen Kousar, was born on 8 August 1993 and is a female citizen of Pakistan. She applied to enter the United Kingdom for settlement as the spouse of Bilal Mahmood (hereafter referred to as the sponsor). The application was refused by the Entry Clearance Officer (the ECO) by a decision dated 31 December 2014. She appealed to the First-tier Tribunal (Judge North) which, in a decision promulgated on 17 August 2015 dismissed the appeal. She now appeals, with permission, to the Upper Tribunal.
"... having reviewed the decision in the light of the grounds of appeal, I note that no new evidence has been submitted in support of the appeal or to address the issues raised about the financial requirements. The documents submitted now are those which were provided and available at the time of the decision. As no further evidence has been submitted, I am not prepared to concede on this point ... The appellant states that additional documents will be submitted at a later stage."
The ECM goes on to make the point that, should the appellant adduce the additional evidence before the First-tier Tribunal Judge, the ECO/ECM would have been given no opportunity of considering the documents before a decision was made on the appeal.
These considerations in mind, I find that it was open to Judge North to conclude at [8] that the appellant's appeal should be dismissed on account of failure to comply with Appendix FM-SE.
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