OA094002013 & OA094102013

This is an appeal against the determination of First-tier Tribunal Judge Fox, promulgated on 16 th April 2014, following a hearing at Hatton Cross on 8 th April 2014. In the determination, the judge dismissed the appeals of Mrs Suzana Shala, and her child Master Eduard Shala. The Appellants applied for, and were subsequently granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellants are a mother and child. Both are nationals of Kosovo. The First Appellant was born on 26 th February 1986 and the Second Appellant was born on 4 th July 2009. They applied to join the Sponsor, Mr Endri Shala, as the wife and child respectively of the Sponsor.

The ECO rejected the applications because he was not satisfied that the First Appellant met the financial requirements of the Immigration Rules. There was an absence of personal and business bank statements for a period of twelve consecutive months, and an absence of proof of national insurance contributions.

However, �all the documents are now present as evidence at page 29 of the Appellants� bundle at paragraphs 14 to 19 of the Sponsor�s witness statement� (para 18). The effect of the refusal by the Entry Clearance Officer was that now,

�The Sponsor travels to Kosovo regularly though their prolonged separation is undesirable. A fresh application may be futile if the Appellants have no right to enter and the Respondent now accepts that the required documents exist so the Appellants are entitled to enter the UK therefore any interference is disproportionate.� (para 19)