OA138442013 [2014] UKAITUR OA138442013 (4 July 2014)

OA138442013 [2014] UKAITUR OA138442013 (4 July 2014)

The First-tier Tribunal materially erred in law by refusing to consider relevant documents submitted by the appellant in accordance with Tribunal directions. Upon considering those documents, the appellant satisfied the requirements of Appendix FM for entry clearance as a spouse, including genuine and subsisting marriage, intention to live together, adequate accommodation, and maintenance without recourse to public funds. The appeal is allowed under the Immigration Rules.

Citation
[2014] UKAITUR OA138442013
Parties
Appellant: Robert Andrew Mark; Respondent: Entry Clearance Officer (Post Reference SHEFO/889)
Jurisdiction
United Kingdom
Judgment Date
04 July 2014
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal Following First Tier Tribunal Determination
Outcome
Appeal allowed under the Immigration Rules; First-tier Tribunal decision set aside; fresh decision substituted.
Legal Topics
Entry Clearance, Appendix FM, Spouse Visa, Adequate Maintenance, Accommodation, Documentary Evidence, Error of Law, Article 8 ECHR
Immigration Law Entry Clearance Appendix FM Spouse Visa Adequate Maintenance Accommodation Documentary Evidence Error of Law +1 more

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Parties

Robert Andrew Mark

Appellant

Entry Clearance Officer (Post Reference SHEFO/889)

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal Following First Tier Tribunal Determination

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by refusing to consider documents submitted post-application but before the appeal determination
  2. 2 Whether the appellant met the requirements of Appendix FM for entry clearance as a spouse, including genuine and subsisting marriage, intention to live together, adequate accommodation, and maintenance without recourse to public funds

Ratio Decidendi

The First-tier Tribunal materially erred in law by refusing to consider relevant documents submitted by the appellant in accordance with Tribunal directions. Upon considering those documents, the appellant satisfied the requirements of Appendix FM for entry clearance as a spouse, including genuine and subsisting marriage, intention to live together, adequate accommodation, and maintenance without recourse to public funds. The appeal is allowed under the Immigration Rules.

Court Disposition

Appeal allowed under the Immigration Rules; First-tier Tribunal decision set aside; fresh decision substituted.

Orders

  • The appeal is allowed under the Immigration Rules.
  • No anonymity order is made.