OA216262012 & OA216292012 & OA216302012

In a determination promulgated following a hearing at North Shields on the 13 th June 2013 First-tier Tribunal Judge Hands dismissed the appeals of all three appellants against the refusal of the Respondent to grant entry clearance as the spouse and children of someone present and settled in the United Kingdom.

The first appellant is female and was born on the 18 th July 1964. The remaining appellants are her son and daughter born in 1995 and 1996 respectively.

Judge Hands, in paragraph 15 of the determination, stated that the level of income required was �in the region of �280 per week� which is �1,160 per month. When the figure for the rent and council tax was added, the figure increased to �1,610 per month. The sponsor was found to have an income of �1,545 per month which is less than the required amount and so it was found the appellants had not proved they could be adequately maintained.

The Judge is criticised in the grounds seeking permission to appeal for not explaining how she arrived at the figure she did for the benefit entitlement figure of �280 per week. Mr Latif submitted that the correct figure is �243.79 per week which, when adding the rent and council tax figure equates to �1506.42 per month which is less that that relied upon by Judge Hands and the available income. On this basis it is said the appeals should be allowed.

The Upper Tribunal, in granting permission to appeal, noted the alleged procedural irregularity of determining the case by reference to an issue not previously raised without giving the parties an opportunity to respond has no merit for in paragraph 14 of the determination Judge Hands refers to the fact it was mentioned, and submissions made upon this point. The reason for the grant was the reference by Judge Hands to the required level of funds being �in the region of �280 per week� which not only lacks precision but is said to be factually incorrect by Mr Latif.