UI2023003054 & UI2023003055

       In a determination promulgated on 22 November 2023 the Upper Tribunal found a material error of law in the decision of the First-tier Tribunal judge who allowed the appeal of the above appellants, citizens of Pakistan born on 10 November 1993 and 9 June 1998 respectively, as a result of the failure of the judge to deal with a specific issue raised by the Entry Clearance Officer (ECO) relating to the question of whether the sponsor was in the UK at the date of application, 4 November 2021.

       The ECO was concerned that the sponsor was not present in the UK on that occasion contrary to a requirement of the EUSS family permit scheme.

       The majority of the current hearing was taken up discussing this issue with the sponsor and with him examining documents that he held his phone by way of wage slips relating to his employment in the UK. He was unable to provide salary slip for the relevant date but was able to provide a number of salary slips for dates before and after. The later ones contained cumulative pay to date.

       The applicable standard is the civil standard, the balance of probabilities. I am satisfied when assessing the evidence in the round that on the balance of probabilities there is sufficient in the oral and circumstantial evidence to support the sponsor's claim that he was in the UK on 4 November 2021.

       It is a preserved findings that payments are made by the sponsor to the appellants in Pakistan. In relation to whether those payments are required to meet the essential needs of the appellants, their situation is as previously outlined namely that they live with the sponsor's brother; although the sponsor's evidence that is that his brother cannot care for them much longer.