OA244362012

The appellant in these proceedings is the Entry Clearance Officer (�ECO�). However, for convenience I refer to the parties as they were before the First-tier Tribunal.

Thus, the appellant is a citizen of Turkey, born on 20 November 1959. The proceedings arise out of his application on 19 September 2012 for entry clearance as a partner. In order to put matters into context, it is necessary to say something about the factual background to the application and the personal circumstances of the appellant and the sponsor, Mrs Eileen Bora.

The appellant and the sponsor, who is a British citizen, married in Turkey in 2003. They lived in Turkey until 2007 when the appellant was granted entry clearance as a spouse. They lived together in the UK until 2009 when they returned to Turkey. On 14 October 2011 the appellant was subjected to a serious physical attack which left him with significant mental and physical disabilities. It seems that the attacker was sentenced to a term of ten years� imprisonment for attempted murder.

The application for entry clearance which is the subject matter of this appeal was made on 19 September 2012. It was refused in a decision dated 8 November 2012. In summary, the basis of the refusal was that the appellant was not able to meet the financial requirements of the Immigration Rules as set out in Section E-ECP.3.1 and offers of financial support from third parties could not be taken into account.

The appeal came before First-tier Tribunal Judge Foulkes-Jones who considered the appeal without a hearing. In a determination promulgated on 11 September 2013 he dismissed the appeal under the Immigration Rules but allowed it on human rights grounds with reference to Article 8 of the ECHR.