IA265662013 & IA265692013

The Appellants appeal to the Upper Tribunal against a decision of the First-tier Tribunal (Judge Brenells) by which, in a determination promulgated on 17th January 2014, he dismissed the Appellants� appeals against the Secretary of State's decisions to refuse them leave to remain as a Tier 1 (General) Migrant and his dependant spouse.

The application was refused solely on the basis of the first Appellant�s previous earnings. The Secretary of State noted in the refusal that he had claimed points for earnings of �67,372; that appendix A of the Immigration Rules required applicants to provide at least two different types of supporting evidence of each source of earnings, each piece of evidence from a different source. The refusal notes that the Appellants had provided an Accountant�s letter and accounts but that these derived from the same source and as such were not acceptable.

Permission to appeal was sought and granted by a Judge of the First-tier Tribunal who thought it arguable that First-tier Tribunal had made a material error of law in that the Judge had not taken into account HSBC business bank account statements which the Appellant indicated were submitted with his application and which were included in the Respondent�s bundle.

In failing to take those bank statements into account the First-tier Tribunal made a material error of law and I set aside the determination.

I remake the decision and on the basis of the evidence contained in the Respondent�s bundle I am satisfied that the bank statements were submitted with the application and accordingly the Appellants ought to have succeeded. They met the requirements of the Rules. Their appeals are therefore allowed under the Immigration Rules.