OA008762014

This is an appeal against the determination of First-tier Tribunal Judge O R Williams, promulgated on 22 nd September 2014, following a hearing at Birmingham on 15 th September 2014. In the determination, the judge allowed the appeal of Kaiser Ali Khan. The Respondent Secretary of State subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male, a citizen of Pakistan, who was born on 1 st December 1990. He appeals against the refusal of entry clearance to join his wife, Yasmin Bibi Sabir, a person present and settled in the UK, the refusal being on account of his failure to meet the financial requirement test, such as to show a income of least £18,600 per annum, with an additional £2,400 for each child, from the Sponsor. The Sponsor has five children and has been married previously (see paragraph 13). There is no issue as to the genuineness of the marriage.

At the hearing before me on 26 th June 2015, the Appellant was unrepresented. His wife, Yasmin Bibi Sabir, was in attendance together with Henna Bibi Sabir. Mr Smart, appearing on behalf of the Respondent Secretary of State, submitted that he would apply to have the appeal withdrawn. The reason was that paragraph EX.2 was introduced only by HS 532 for implementation on 28 th June 2014, and at the date of the decision by the Entry Clearance Officer on 17 th December 2013, these new Rules had no application whatsoever.

Accordingly, there is no material error of law in the original judge's decision. The appeal is withdrawn, and the decision of First-tier Tribunal Judge O R Williams stands. This means that entry clearance should forthwith be granted by the post at Islamabad to the Appellant, Mr Qaiser Ali Khan.

This decision is to be sent to the Sponsor's address at 28 Braithwaite Road, Sparkbrook, Birmingham, B11 ILA, and not to the immigration consultants in Islamabad.