OA160892014 & OA161172014

This is an appeal by the Entry Clearance Officer against a decision by First-tier Tribunal Judge Walker promulgated on 29 th September 2015 in which he allowed the appeals against the respondent's decisions of 18 th November 2014 to refuse the applications made by Mrs Marie Ors and her son Ethem Ors for entry clearance as a partner and child under Appendix FM of the Immigration Rules.

The appellant is the Entry Clearance Officer, and the respondents to this appeal are Mrs Marie Ors and Mr Ethem Ors. However for ease of reference, in the course of this decision I shall adopt the parties' status as it was before the First-tier Tribunal. I shall refer to Mrs Marie Ors and Mr Ethem Ors as the appellants, and the Entry Clearance Officer as the respondent.

The First-tier Tribunal Judge set out at paragraphs [1] to [4], the background. At paragraphs [5] to [11] he sets out the relevant burden and standard of proof. At paragraph [11], the Judge states:

"The circumstances relating to the claims under the ECHR are to be assessed as at the hearing date. I may consider evidence about any matter which I think relevant to the substance of the decisions, including evidence which concerns a matter arising after the date of the decision (NIAA 2002, Section 85(4))."

At paragraph [12] of the decision, the Judge sets out a summary of the reasons given by the respondent for the refusal of the applications. The Judge's findings are to be found at paragraphs [22] to [27] of the decision. The Judge found the appellants sponsor to be credible and consistent, and having considered the evidence before him, the Judge found at paragraph [27] that the sponsor's income is as claimed and is evidenced by the P60 and payment of income tax.