ECO has refused my wife's application as a spouse, reasons include A and B (sorry I don't give the details). She then lodged the appeal to First-tier Tribunal. The Judge from First-tier Tribunal sustained the reason A and said reason B was not material. Because of this, The Jude dismissed the appeal and my wife had to apply for the permission to appeal to the Upper Tribunal.
In the application, my wife mentioned a new court file which can clearly demonstrate that the reason A was not authoritative to her application for the visa. The Judge erred in her appeal. However, she just received the refusal letter from First-tier Tribunal after a long time of waiting. Another Judge heard her appeal and concluded that her appeal was very competently prepared and reason A was proven not material to her visa application. However, reason B was and is still right to refuse her visa application and so her application for permission to appeal to the Upper Tribunal is refused.
Now we are confused. These two Judges surely have different understanding to law but whose judgement should be final? Can a Judge in the same level can overturn another Judge's decision?
Thanks for any replies.
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