OA027352013

This is an appeal by the Entry Clearance Officer against a determination of First-tier Tribunal Judge Ford promulgated on 18 March 2014, following a hearing at Birmingham, in which the Judge allowed the appeal on Article 8 human rights grounds only.

Mrs Kousar is a national of Pakistan born on 29 June 1989. She applied for spousal entry clearance on 6 October 2012 which was refused on 26 November 2012 because it was said she had not submitted all the required documents to demonstrator her sponsor's income was as claimed. The application was refused under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules.

The Judge notes in paragraph 8 that it was conceded before her that Mrs Kousar could only proceed on the basis of her Article 8 human rights indicating it was accepted that she could not meet the requirements of the Rules relating to demonstrating the required level of minimum income being available by the method specified in the Rules.

The challenge by the Entry Clearance Officer is made on the basis the Judge made a material misdirection of law. It is accepted Mrs Kousar could not satisfy the requirements of the Immigration Rules and Article 8 is not intended to allow an individual to bypass the Rules. Exceptional circumstances had not been established. It is submitted the Judge erred in relation to the assessment of the date when she was required to consider the sponsor's income too.

There was no attendance on behalf of Mrs Kousar for, notwithstanding the Judges personal feelings regarding the reasonableness of making a further application, the Upper Tribunal received a letter from Khirri Solicitors dated 15 December 2014 stating: