OA193142013

This is the appeal of the Entry Clearance Officer but I will refer to the original appellant, a citizen of Burma, born 10 February 1977 as the appellant herein.

The appellant applied for an entry clearance as a partner under Appendix FM of the Immigration Rules (HC 395). The application was refused on 8 October 2014. The outstanding basis of refusal following a review by the Entry Clearance Manager on 10 October 2014 was the contention that the sponsor, the appellant�s wife, had not submitted relevant documents in relation to income and savings.

The appellant appealed and his appeal came before a panel on 27 October 2014. The panel heard evidence from the appellant�s sponsor. She had been granted leave to remain in the United Kingdom as a refugee and she married the appellant in April 2012 in Malaysia. She relied upon her current income from employment and self-employment which she argued took her above the threshold of �18,600 per annum.

At the hearing the Entry Clearance Officer was represented by Ms Dwomoh and the appellant by Mr Htike. The panel helpfully records the submissions and its conclusions in the following part of the determination:

Ms Dwomoh relied on the refusal decision. She submitted that, in relation to her self-employment, the appellant had not provided personal bank statements for the same 12 month-period as the tax return that show the income from self employment has been paid into an account in the name of the person or in the name of the person and their partner jointly, as required by appendix FM-SE paragraph 7(f). She accepted that the immigration rules were met in all other respects.