OA069082014

For the Respondent: Miss N Nnamani , Counsel, instructed by Trott & Gentry Solicitors

This is an appeal by the Entry Clearance Officer against the decision of the First-tier Tribunal allowing the appeal of the respondent, who I identify as �the claimant�, against the decision of the Entry Clearance Officer and refusing her entry clearance to the United Kingdom to join her husband. The application was refused because she did not have enough money or rather she had not proved in the required way that she had sufficient money.

When the case came before the First-tier Tribunal it allowed the appeal. The Tribunal was satisfied that there was sufficient money but it misdirected itself. The misdirection is identified very clearly at paragraph 2 of the grounds which refers to paragraph 28 of the Determination. There the Tribunal found that the sponsor�s income met the required income threshold of �18,600 even though the actual payment into the bank account amounted to �18,330.62. The Tribunal found that the sponsor kept some cash back and did not pay it all into his bank account.

The Rules contemplate people being paid in that slightly untidy way but Appendix FM-SE.A1.3(n) requires as follows:

�The gross amount of any cash income may be counted where the person�s specified bank statements show the net amount which relates to the gross amount on their payslips (or in the relevant specified evidence provided in addition to the specified bank statements in relation to non-employment income). Otherwise, only the net amounts shown of the specified bank statements may be counted.�