OA152372014

This is the Appellant's appeal to the Upper Tribunal, brought with the permission of a Judge of the Upper Tribunal, against a decision of the First-tier Tribunal (Judge Cox hereinafter "the judge") promulgated on 10 th August 2015 dismissing her appeal against a refusal by an Entry Clearance Officer of 21 st November 2014 to issue to her entry clearance to come to the UK, with a view to settlement, as a spouse.

There was an oral hearing of the appeal on 23 rd July 2015 at which both parties were represented. The Appellant, of course, being out of the country, was unable to attend but the Sponsor was in attendance and he gave oral evidence.

"22. At the hearing the Sponsor explained that he would use cash to cover expenses such as petrol or washing the car and I note that this is reflected in the accountant's report. Although I am satisfied that the Sponsor has adequately explained the shortfall in his gross income, I am also satisfied that the Sponsor's cash deposits for the relevant year do not show his gross income.

On the totality of the evidence, I find that the Appellant has failed to discharge the burden of proof. I am satisfied that the Sponsor's gross income is not reflected in his bank statement. I note that the Appellant's representative has not disputed that the cash bank statements do not reflect his gross income.

Accordingly, I am not satisfied that the Appellant met the financial eligibility requirements of the Rules and I am satisfied that the Respondent's decision is in accordance with the Immigration Rules."