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In this decision the Appellant is referred to as the ECO and the Respondent is referred to as the Claimant.
The Claimant, a national of Pakistan, date of birth 29 December 1992, appealed against the ECO-�s decision with reference to paragraph EC-P.1.1 of Appendix FM. The application was refused on the basis that the ECO disputed the genuine and continuing relationship between the Claimant and Sponsor, her husband, in the United Kingdom, Mr Abdul Hamid Nizami. Secondly, the Sponsor-�s earnings, calculated with reference to paragraph 9 of Appendix FM-SE, had not been properly established with supporting evidence.
An appeal came before First-tier Tribunal Judge Freer on 30 January 2015 whose decision was promulgated on or about 6 February 2015. By then it had become apparent that the ECO had applied the wrong consideration to the relevant documentation because the Sponsor-�s evidence related to him as a -�shareholder-� and -�salaried worker-� rather than in any capacity as a -�director of a limited company-�.
Be that as it may, what was clear was that even in the correct capacity, the Sponsor could not provide the required evidence under Appendix FM-SE; required bank statements to evidence the earnings which met the requirements under the Rules in the sum of £18,600. The difficulty arose because the Sponsor was paid in part in cash which was not put through any bank account: There were not the necessary bank statements to evidence the income received as claimed.
After the grant of permission Ms Dogra provided a Rule 24 response from the Claimant which made plain that it was accepted those requirements of Appendix FM-SC relating to the Sponsor could not be met. However, Ms Dogra had raised the issue in her skeleton argument before Judge Freer that if the judge was satisfied that there was a continuing and durable relationship between the Sponsor and the Claimant, bearing in mind the findings the judge might make in relation to the required level of earnings, she submitted that the appeal should succeed under Article 8 of the ECHR.
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