OA076082013 & ors

The application for permission to appeal was made by the Secretary of State on behalf of the Entry Clearance Officer but I shall refer to the parties as they were before the First-tier Tribunal that is Miss Xiuzhu Chen, Mr Xie Kailiang and Mr Xinyi Xie as the appellants and the Entry Clearance Officer as the respondent.

The appellants are wife and children of the sponsor Xie Xioajiang and they appealed against the decision dated 28 th February 2013 of the respondent who refused to grant them entry clearance to join the sponsor further to Appendix FM of the Immigration Rules.

The appeal was refused under the Immigration Rules as the appellants could not comply with the financial requirements. The sponsor earned �21,600 per annum and then there was a shortfall of �3,140 under the Rules.

Following an application for permission to appeal I found an error of law and I therefore set aside the decision made by First-tier Tribunal Judge Adio who allowed the appeal on human rights grounds considering the matter under Razgar v Secretary of State for the Home Department [2004] UKHL 27 .

The respondent had previously filed grounds for permission to appeal on the basis that Judge Adio had failed to follow Gulshan [2013] UKUT 640 and Nagre [2013] EWHC 720 . The judge had followed MM and Others [2013] EWHC 1900 but this did not dispute the Secretary of State�s entitlement to set a minimum income threshold. It established that those who wished to set up family life in the UK should have the financial ability to support themselves such that the migrant partner did not become a burden on the tax payer.