OA028352013

The appellant appeals with permission against the determination of First-tier Tribunal Judge Khawar who, in a determination promulgated on 6 February 2014, dismissed the appellant�s appeal against the decision made by the respondent on 5 December 2012 to refuse her entry clearance to the United Kingdom pursuant to paragraph 281 HC 395.

The appellant�s case is that she is lawfully married to Mr Imran Abbas (�the sponsor�) and, having met all the requirements of paragraph 281 of the Immigration Rules, ought to be granted entry clearance to the United Kingdom. Given that in this case the application for entry clearance was made on 5 July 2012, the relevant paragraph for consideration is paragraph 281 of the Immigration Rules; by virtue of the transitional provisions set out in HC 194, this is not a case to which the provisions of Appendix FM or Appendix FM-SE apply.

The respondent refused the application on the basis that he was not satisfied, given the lack of evidence submitted, that the sponsor would be able to adequately maintain the appellant in the United Kingdom without recourse to public funds.

Subsequent to that decision the couple have had a child, born in Pakistan, on 21 November 2013. As the sponsor was at that point a British citizen it appears that the child is a British citizen.

The appeal came before First-tier Tribunal Judge Khawar sitting at Hatton Cross on 30 January 2014. He heard evidence from the sponsor and submissions from both representatives. Judge Khawar found:-