OA047262013

For the Appellant: Mr A. Bandegani, Counsel instructed by Irvine and Co., Solicitors

The appellant is a citizen of Jamaica, born on 21 September 1968. On 12 October 2012 he applied for entry clearance as a partner. His appeal against the decision to refuse that application was dismissed by First-tier Tribunal Judge Roopnarine-Davies after a hearing on 20 November 2013.

The application for entry clearance was refused with reference to the Immigration Rules (�the Rules�) under Appendix FM, section E-ECP, in particular in relation to the financial requirements because the appellant did not provide specified documents as set out in the Rules.

The First-tier judge found that the appellant had not provided the specified documents. Although she found that some of the sponsor's income had been established, it could not be established the basis on which the income was received. It was however, accepted by the First-tier judge that the appellant and his wife had savings of �18,000 but these were not savings at a sufficient level under the Rules because in the absence of satisfactory evidence of income of �18,600, savings of �62,500 needed to be shown.

The grounds of appeal on which permission to appeal to the Upper Tribunal was granted contend that the judge failed to give appropriate consideration to the fact that the sponsor was in receipt of disability living allowance (�DLA�) and therefore only needed to show adequate maintenance. Other grounds related to suggested errors in the proportionality assessment under Article 8 of the ECHR. Those grounds were supplemented by a skeleton argument at the hearing before me.