UI2022001703 & UI2022001704

   The Appellants are nationals of Pakistan, born on 1 January 1976 abd 7 May 2002 respectively who on 22 December 2020 applied for entry clearance as the spouse and child of Imran Butt, the Sponsor.

   The Respondent refused their applications in decisions sent out on 17 November 2020 because she was not satisfied the Appellants met the financial requirements of paragraphs E-ECP 3.1 to 3.4 of Appendix FM to the Immigration Rules. The Appellants appealed to the First-tier Tribunal and their appeals were listed before Judge of the First-tier Tribunal Moxon (hereinafter referred to as the FTTJ) on 2 September 2021 and in a decision promulgated on 11 September 2021 their appeals were dismissed.

   Permission to appeal was initially refused by First-tier Tribunal Judge Frantzis. Permission to appeal was renewed to the Upper Tribunal and permission was granted by Upper Tribunal Judge McWilliam on 26 July 2022 who found the renewed grounds identified an arguable error in the approach by the First-tier Tribunal.

   Mr Broachwalla relied on the grounds of appeal and submitted there was an error in law on the following grounds:

a.   The FTTJ erred by refusing to consider evidence that had been submitted pursuant to a direction issued by the First-tier Tribunal. It was incumbent on the FTTJ to consider the evidence and to make findings on whether they could be relied on. The FTTJ erred by stating at paragraph [11] that the Appellants' failure, without good reason, to provide the documents with the applications undermined their credibility and the reliability of the documents.