OA133572013

This is an appeal by the Secretary of State against the decision of the First-tier Tribunal allowing MA�s appeal against the decision of the Entry Clearance Officer to refuse his application for leave to enter the United Kingdom to join his spouse and Sponsor, NS, a British citizen. For the purposes of this decision, I shall refer to the Secretary of State as the Respondent and MA as the Appellant, reflecting their positions as they were in the appeal before the First-tier Tribunal.

Unless and until a Tribunal or court directs otherwise, the Appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of their family. This direction applies both to the Appellant and to the Respondent. Failure to comply with this direction could lead to contempt of court proceedings. I have made such a direction as the evidence before the Tribunal refers to medical evidence in respect of a minor and also a party.

The Appellant is a citizen of the People�s Republic of China. On 25 th February 2013 he applied for leave to enter the United Kingdom to join his spouse and Sponsor, NS, who is a British citizen. That application was refused by the Respondent on 22 nd May 2013.

The second reason for refusing the application was in respect of the financial requirements. It was asserted that the documents provided did not clearly confirm the Sponsor�s gross income for the last six months. The evidence of employment was considered and it was noted that there was no evidence indicating salary payments into the Sponsor�s account. Thus the application was refused.

The Appellant exercised his right to appeal that decision and on 25 th September 2013 the Entry Clearance Officer reviewed the further evidence but maintained her decision.