OA/07347/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: OA/07347/2015


THE IMMIGRATION ACTS


Heard at Field House
Determination Promulgated
On 7 November 2016
On 8 November 2016



Before

UPPER TRIBUNAL JUDGE JORDAN


Between

Haroon Azam
Appellant
and

The Entry Clearance Officer in Islamabad
Respondent


Representation:
For the appellant: Mr Z. Nasim, instructed by Legal Rights Partnership
For the respondent: Ms A. Fijiwala, Home Office Presenting Officer


DECISION AND REASONS

1. Ms Fijiwala conceded that the only issue before the First-tier Tribunal Judge was whether there was a genuine and subsisting relationship between the appellant and his sponsor and that the couple intended to live permanently together. The First-tier Tribunal Judge found in favour of the appellant on this score.
2. Ms Fijiwala also conceded that the financial and English language requirements were not in issue as the respondent had accepted they had been met. Accordingly, the First-tier Tribunal Judge's decision that there was no evidence to establish them and that the appeal failed for that reason alone amounted to an error on a point of law.
3. I was invited by both parties to find there was an error of law and to re-make the decision by allowing the appellant's appeal in line with the First-tier Tribunal Judge's sustainable findings of fact that the appellant had made out his case to be in a genuine and subsisting relationship.

DECISION

1. The Judge made an error on a point of law and I re-make the decision in the following terms:
a. the appeal is allowed under the Immigration Rules;
b. having made out the requirements of the Immigration Rules, the appeal is allowed on human rights grounds.



ANDREW JORDAN
JUDGE OF THE UPPER TRIBUNAL
7 November 2016