IA175852013

The appellant, Husnu Dalgin, born on 20 July 1987 is a male citizen of Turkey. On 13 February 2013, the appellant was refused leave to remain as a spouse of a British citizen (Gillian Dalgin). The appellant appealed to the First-tier Tribunal (Judge Henderson) which, in a determination promulgated on 25 October 2013, dismissed the appeal. The appellant now appeals to the Upper Tribunal.

The appellant came to the United Kingdom as a visitor and subsequently attempted to obtain leave to remain under the Immigration Rules as the spouse of Gillian Dalgin. The parties accept that (a) that the appellant was badly advised by his professional representatives and that he did not know that he would be unable to �switch� immigration categories and; (b) the appellant cannot, as a consequence, succeed in his application under the Immigration Rules. The appeal fell to be decided under Article 8 ECHR only.

i. The setting of the minimum income level to be provided by the sponsor at above the �13,400 level identified by the Migration Advisory Committee as the lowest maintenance threshold under the benefits and net fiscal approach (Conclusion 5.3). Such a level would be close to the adult minimum wage for a 40 hour week. Further the claimants have shown through by their experts that of the 422 occupations listed in the 2011 UK Earnings Index, only 301 were above the �18,600 threshold [16].

ii. The requirement of �16,000 before savings can be said to contribute to rectify an income shortfall.

iii. The use of a 30 month period for forward income projection, as opposed to a twelve month period that could be applied in a borderline case of ability to maintain.