OA152042013

This is an appeal by the Entry Clearance Officer against a determination of First- tier Tribunal Judge Trevaskis promulgated following a hearing at Newport on 18th March 2014, in which he allowed the appeal under the Immigration Rules on the basis the decision was �not in accordance with the law�.

Mrs Dosanjh is an Indian national who applied for entry clearance to enable her to settle with her husband, who is also her sponsor. On 21 st June 2013 her application was refused under Appendix FM and paragraph 276ADE of the Rules.

There were two issues of concern to the Entry Clearance Officer, the first relating to whether it had been shown that the party's intentions were as they say or that the marriage is subsisting and, secondly, that documents provided did not show that the minimum required level of income was available.

In relation to the first issue the Judge considered the evidence and was satisfied on the balance of probabilities that the marriage is genuine and subsisting and that Mrs Dosanjh and her husband intend to live together permanently in the United Kingdom. This finding is not subject to challenge.

In relation to the financial aspects the Judge refers to the evidence that was submitted, the Rules, and a letter provided by the sponsor's aunt dated 1 st March 2014 which was not before the decision maker and therefore could not be considered as it was not admissible. At paragraph 19 the Judge states that the applicant has not met the Rules, but only in respect of the income requirement.