OA022522013 & ors

Permission to appeal was granted by Judge of the First-tier Tribunal Mark Davies on 3 rd March 2014 on the basis that it was arguable that the First-tier judge had erred in law in considering whether the sponsor could show an �income threshold� when this was a case under the old Immigration Rules not the new ones at Appendix FM, and so this concept was not relevant.

The matter came before me to determine whether the First-tier Tribunal had erred in law. At the start of the hearing I established that the Tribunal file did not contain the appellant�s bundle that had been before the First-tier Tribunal, however Mr Avery kindly allowed his copy to be duplicated for the Tribunal.

I told the parties that I did not find that Judge Sharp had made a material error of law in respect of his determination of the appeal under the Immigration Rules. However, I did find that Judge Sharp had erred in relation to determination of the appeal under Article 8 ECHR. The reasons for my decision are set out below. I set aside the decision of Judge Sharp under Article 8 ECHR at paragraph 20 his determination.

Ms Mardner submitted that it would be disproportionate for the sponsor and appellants to have their family life in Pakistan because the sponsor had lived in the UK for 16 years; he could adequately support his family in the UK; and he would lose the investment he had made in his business in the UK or be forced only to see his family via visits which meant he had only seen his daughter on three occasions and was not able to bond with his step-children.

The only issue at the appeals under paragraphs 281 and 301 of the Immigration Rules was that of adequate accommodation and financial support. Judge Sharp was satisfied that there was adequate accommodation.