OA018122013

In a determination promulgated on 31 March 2014, I set aside the decision of First-tier Tribunal Judge Widdup dated 20 January 2014 to allow the appeal for entry clearance as a spouse made by the appellant. I attach the reasons for my decision as an annex to this determination.

No fresh documentary evidence was submitted prior to the hearing but at the commencement of the hearing I received additional documents. From the respondent: a copy of the rules as they were at the date of the decision. From the appellant: refusal of entry clearance in respect of a fresh application made by the appellant, a letter dated 15 May 2014 from Thi Bich Thuy Nguyen, Manager of Dockland Nails and a letter dated 14 May 2014 from ABFS ltd.

After some preliminary discussion the parties were agreed that in order to succeed the appellant needed to satisfy the court that he could meet the requirements of the rules as highlighted by the ECO in his refusal; i.e. with regard to the concerns over the lack of certain documents required and the credibility of the sponsor�s employment with Dockland Nails.

I then heard oral evidence from the sponsor, Nguyat On. She confirmed that she had commenced employment with C-Retail in June or July of 2010 and with DN in April 2012. She had not had other paid employment, apart from with C-retail prior to taking on the work with DN. She worked part time with each. She was paid cash in hand at DN to begin with. The first month she received weekly payments; after that the payments were made monthly. She did not spend it and always deposited the cash and then, if necessary, used her card to pay bills. She was now paid by BACS.

The sponsor confirmed that she had been overpaid when she first started working for DN. She had repaid the overpayment slowly; some was deducted from her overtime salary and some from tips.