OA138272013

The Respondent is a citizen of Sri Lanka born on 30 th August 1989. His appeal against the refusal of entry clearance was allowed, on Article 8 grounds, by the First-tier Tribunal in a determination dated 28 th March 2014. The Secretary of State applied for permission to appeal.

Permission to appeal was granted by First-tier Tribunal Judge R A Cox on the grounds that it was arguable that First-tier Tribunal Judge Cockrill had failed to apply Gulshan (Article 8 � new Rules � correct approach) [2013] UKUT 640 (IAC) and had simply carried out a �free-wheeling� Article 8 assessment.

Mr Duffy relied on the grounds of appeal and submitted that the Judge had failed to apply Gulshan . The Respondent could not satisfy the maintenance requirements and there were no compelling factors in this case. He could not meet the Rules on this occasions and the appeal should have been dismissed. There was nothing preventing the Respondent from making a successful application in the future.

In this case the Sponsor had not paid some of her wages into her bank account. She was paid in cash and used the money for everyday expenses. She did not have time to go to the bank because she was doing two jobs. The Judge accepted the Sponsor�s explanation, but quite rightly, found that the specific requirements of Appendix FM-SE of the Immigration Rules could not be met.

The Judge accepted the Sponsor�s explanation for the missing payslip and found that the reality of the situation was that the Sponsor was earning �18,600 and the arrival of the Respondent would not bring about a situation where there was recourse to public funds. The case could not succeed under the Rules because of a deficiency in paperwork, rather than on substantive grounds.