VA056412013 & VA056422013

For the Appellant s: Mr D Coleman, counsel (instructed by Charles Simmonds Solicitors)

The appellants are nationals of India, and are husband and wife. Their appeals against the decision of the respondent dated 11 th September 2013 refusing their applications for an entry clearance as visitors to the UK were dismissed by First-tier Tribunal Judge Napthine in a determination promulgated on 30 th April 2014.

Following the submission of lengthy grounds of appeal, First-tier Tribunal Judge Osborne granted them permission to appeal to the Upper Tribunal. It had been contended that the Judge had not had proper regard to the documentation before him. He noted that the First-tier Judge referred indirectly to the fact that the sponsor attended to give oral evidence at the hearing before him but failed to set out either in summary or in any detailed form the substance of her evidence.

In granting permission, Judge Osborne stated that the Judge should accurately record details of the hearing including the evidence of all witnesses including the sponsor. Whilst their sponsor may not be able to give detailed financial information about the appellants' circumstances, the Judge was nevertheless under a duty to indicate which evidence he accepted and which he rejected.

The First-tier Tribunal Judge had stated [20] that without proper accounts how could any profit from the land and the hire out of a lorry be assessed. A number of people are dependent on the first appellant's agriculture for the income generated. He accordingly found that the appellants had not proved that their financial and social circumstances in India were such that they are likely to return at the end of the trip.