OA185462013 & OA185482013

The respondents, Amy Chowdhowry and Abarar Mahi, shall hereafter be referred to in this decision as the appellants (as they appeared before the First-tier Tribunal). The appellant, the Entry Clearance Officer, Dhaka, shall be referred to as the Respondent.

The first appellant is the mother of the second appellant. They both sought to enter the United Kingdom for settlement with the sponsor, Abdul Hannan, who is the husband of the first appellant and father of the second appellant. An application was refused by the Entry Clearance Officer (Dhaka) in a decision dated 23 September 2014. The appellants appealed to the First-tier Tribunal (Judge D A Pears) which, in a determination promulgated on 4 December 2014, allowed the appeal. The Entry Clearance Officer now appeals, with permission, to the Upper Tribunal.

Paragraph 2 of Appendix FM-SE includes this, in respect of salaried [my emphasis] employment in the UK all the following evidence must be provided (f) monthly personal bank statements corresponding to the same period as the wage slips at paragraph 2(c) showing that the salary [my emphasis] has been paid into an account in the name of the person ....

The grounds of appeal assert that the judge erred in law by exempting the sponsor from producing the evidence required by Appendix FM-SE in respect of his income.

The First-tier Tribunal erred in law such that its determination falls to be set aside. I have re-made the decision. The appeals of the appellants against the decisions of the Entry Clearance Officer, Dhaka are dismissed under the Immigration Rules.