OA094352014

This matter comes before me for consideration as to whether or not there is a material error of law in the determination of First-tier Tribunal Judge Beg ("the FTTJ") promulgated on 23 October 2015, in which she refused the appellant's appeal against the refusal of her application for entry clearance to settle in the UK as a partner under Appendix FM of the Immigration Rules.

No anonymity direction was made in the First-tier Tribunal but, given my references to the personal circumstances of the appellant and sponsor an anonymity order is now appropriate.

The appellant is a Bangladeshi citizen who sought entry clearance to join her husband in the UK. This was refused because the appellant had not provided her original marriage certificate and the appellant had not complied with the evidential requirements of Appendix FM-SE to demonstrate her husband met the income threshold.

The FTTJ found, on appeal, that the appellant's marriage certificate was being held by the British High Commission at the date of decision (albeit not by the respondent); the specified documentary evidence relating to the sponsor's earnings had not been provided to the respondent; there was no unfairness in the respondent's not requesting missing documents and that any interference with the appellant's family and private life was proportionate under Article 8.

"...Having had sight of the Judge's Record of Proceedings it is clear that the Appellant [sic] gave oral evidence and it is thus not arguable that the Appellant did not have a fair hearing.