OA241882012

This is the Secretary of State�s appeal against the decision of Judge Seelhoff made following a hearing at Hatton Cross on 25 th September 2013.

The claimant is a national of Pakistan born on 12 th November 1985. He is married to a British national. He applied for entry clearance but was refused on the grounds that he had not provided evidence to show that his Sponsor earned �18,600 and had not provided the specified documents required under the Rules to establish that the income threshold had been met. Nor had he provided evidence that he had sat the mandatory English test.

It was conceded at the hearing that the claimant could not meet the requirements of the Rules. The Sponsor gave evidence and confirmed that as at the date of application she was earning about �12,000 a year and had savings of �3,340 in her own account. There was also a joint account with herself and her husband which held approximately �400. There was also evidence that the family would hand over a dowry of �30,000 from six relatives in the UK when the claimant arrived here. It was her evidence that she could not move to Pakistan because all her family are here.

The judge referred herself to the relevant case law, in particular MM and R (on the application of) v SSHD [2013] EWHC 720 (Admin) and the conclusion of Blake J that the combination of the new Rules:

�� amount together to a disproportionate interference with the rights of British citizen Sponsors and refugees to enjoy respect for family life. In terms of the Strasbourg approach they do not represent a fair balance between the competing interests and fall outside the margin of appreciation or discretionary area of judgment available in policymaking in this sphere of administration.�