OA029902013

The respondent Johnny Cassel Chambers, whom I shall refer to as the appellant as he was before the First-tier Tribunal, is a citizen of Jamaica and his date of birth is 22 April 1966. He made an application to enter the UK as a partner and the applicant was refused by the ECO in Kingston on 7 December 2012. The application was refused solely on maintenance grounds. It was not accepted that the appellant�s partner�s, Anne Marie Fayne, income was sufficient to meet the requirements of the Immigration Rules.

I heard oral submissions from Mr T Melvin. The appellant�s representatives did not attend the hearing before me and nor did the sponsor. The findings of the FtT are contained within paragraphs 45 to 56 and read as follows:

�45. In addressing the appellant�s case I note that the decision to refuse his application was taken on 7 December 2012. It was based solely on the sponsor�s financial circumstances. The respondent accepted all other aspects of the appellant�s case. The relationship was accepted as genuine and subsisting as was the adequacy of the accommodation.

The respondent acknowledged that the sponsor was employed, that she had savings and the prospect that she had provided for her old age by establishing a pension plan with both Scottish Widow and with Equitable Life all of which she had provided for from her own income. She had her own property in London which was of some significant value.

There was no doubt therefore on the respondent�s part the sponsor was someone who was financially sound but not sound enough to have income at the date of decision of �18,600. The shortfall could not be overcome because the calculations set out in the Rules require the figure for savings in excess of the �19,000 available to this appellant.