OA016852014

On 17 th February 2015 Judge of the First-tier Tribunal Frankish granted permission to appeal. Judge Frankish noted that net cash salary payments at a bank may be grossed up to calculate income where this matches the gross on a pay slip but there was no finding of any such tally between the two and therefore there was an arguable error of law.

The representatives agreed that the correct approach was for a schedule to be produced showing a paper trail of payments made into bank accounts during the relevant period and providing that paper trail showed that the amount satisfied the Rule then the Appellant would succeed. On that basis I gave directions and adjourned the matter to be reheard on the fixed date of 15 th May 2015.

It is on that basis that the appeal now comes back before me. The Appellant appears by her instructed Counsel Mr Wainwright and again by her partner and Sponsor Mr Suleiman Ali Hamed. In support of their application there is also now produced a bundle of documents running to some 34 pages all of which I have given due consideration to. In this instance the Secretary of State appears by her Home Office Presenting Officer Mr Jarvis.

It is agreed by the legal representatives the relevant Immigration Rule the Appellant needs to meet is Appendix FM(n). This Rule stipulates:

�(n) The gross amount of any cash income may be counted where the person�s specified bank statements show the net amount which relates to the gross amount shown on their payslips (or in the relevant specified evidence provided in addition to the specified bank statements in relation to non-employment income). Otherwise, only the net amount shown on the specified bank statements may be counted�.