OA024752013

This is an appeal against a determination of First-tier Tribunal Judge Hawden-Beal, promulgated on 28 th March 2014, following a hearing at Birmingham on 21 st March 2014. In the determination, the judge allowed the appeal of Mrs Traheem Irshad. The Respondent Entry Clearance Officer, subsequently applied for, and was granted permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a female, a citizen of Pakistan, who was born on 10 th May 1982. She is the spouse of Mr Saeed Nazir, a British citizen, present and settled in the UK. She appeals against the refusal of entry clearance, under Appendix FM (Section EC-P1.1(d), and E-ECP3.1) and Appendix FM-SE of HC 395.

The judge heard oral evidence from the Sponsor, Saeed Nazir, that he was paid in cash for jobs that he was doing, and he deposited a sufficient amount in his bank accounts only so as to be able to pay his direct debits, and then kept the rest to pay for his bills and to buy food. The judge was satisfied that the Appellant met the requisite threshold of earnings of �18,600 per annum as required by the Immigration Rules. The appeal was allowed.

The grounds of application state that the judge erred in law because he failed to specify exactly the time when the Sponsor was said to be earning in excess of �8,600. Further, the evidence, such as it was, was not presented in the specified format.

I have concluded that Mr Smart, on behalf of the Entry Clearance Officer, is correct in his submissions. I must first consider the appeal, as presented by the Entry Clearance Officer, and only if I find there to be an error of law, and I am then to remake the decision, that I should consider the application of Mr Howard to withdraw his appeal.