OA095612014

For ease of comprehension, the parties are referred to by their status before the First-tier Tribunal.

The Secretary of State appeals with permission against the decision of First-tier Tribunal Judge Khawar allowing the Appellant's appeal against the Entry Clearance Officer's decision dated 6 August 2014 notifying the Appellant of the refusal of her application for leave to enter as the spouse of a settled partner under Appendix FM of the immigration rules. That decision was appealed by way of section 82 of the Nationality, Immigration and Asylum Act 2002.

The First-tier Tribunal promulgated its decision allowing the Appellant's appeal against the Respondent's decision on 12 August 2015.

The Respondent appealed against that decision and was granted permission to appeal by First-tier Tribunal Judge Simpson. The grounds upon which permission to appeal was granted may be summarised as follows:

(a) It is arguable that the judge should not have considered the Appellant's oral evidence that he receives wages from his second job in cash as only wages paid into a bank account and appearing on the bank statements may be counted towards his gross income, whereas the P60s and the summary of the sponsor's annual tax return had not been submitted with the application and were not before the decision maker.