OA133912013

The Respondent is a national of Pakistan date of birth 6 th August 1983. On the 14 th April 2014 the First-tier Tribunal (Judge Ghaffar) allowed her appeal against refusal to grant her entry clearance as the spouse of a person present and settled in the UK. The Entry Clearance Officer (ECO) now has permission to appeal against that decision.

On appeal to the First-tier Tribunal Judge Ghaffar found as fact that the Sponsor did in fact earn �2000 per annum from Crispy, which taken with his Weathershield employment, took him over the required threshold of �18,600 per annum. He accepted that his salary at Crispy was paid to the Sponsor in cash and did not therefore appear in his bank statements. Having made that finding he allowed the appeal outright.

The ECO obtained permission to appeal to the Upper Tribunal on the ground that it was not open to the Judge to allow the appeal under the Immigration Rules since the Respondent had plainly not met all of the requirements of the Rules, as outlined above. At a hearing on the 30 th June 2014 Upper Tribunal Judge Dawson agreed with the ECO that the determination contained this error of law and set the decision of the First-tier Tribunal aside.

The matter has now come before me to be re-made. I have heard submissions from Mr Tarlow and Mr Ilahi for which I am grateful.

The point is a narrow one. As Mr Tarlow agreed the determination of the First-tier Tribunal contains undisturbed findings of fact that the income of this family will be in excess of �18,600. The Sponsor has demonstrated that he was earning �17000 plus �2000 at the date of decision; his difficulty is that he has not demonstrated it in accordance with Appendix FM-SE A1.2 (c).