OA064822012 & OA064782012

This is the Appellants� appeal made against the decision of Judge Phillips made following a hearing at Bradford on 21 st March 2013.

The Appellants are nationals of Bangladesh born on 12 th July 1995 and 15 th January 1994 respectively. They applied to come to the UK as the children of the Sponsor, Mrs Khatun, who has a Certificate of Entitlement to the Right of Abode.

Entry clearance was refused on the 27 th February 2012.because the Entry Clearance Officer was not satisfied that the Appellants were the children of a Sponsor present and settled in the UK or that there would be adequate accommodation for them or that they could be adequately maintained. DNA testing established that the Appellants are related as claimed to the Sponsor. No issue was taken with respect to the size of the accommodation.

The judge found that the Sponsor was employed as claimed but that her income only amounted to a monthly equivalent of �899 per month which was not adequate. He was not satisfied that the Sponsor�s husband Rais Ali was working as claimed. If his income had been accepted it would have meant that the requirements of the Rules with respect to maintenance could be met as, on the unchallenged figures, the joint income of the Sponsor and her husband exceeded by some way the amount of money which the family would be entitled to receive on income support.

The judge noted that the evidence was that Mr Ali worked for only one or two weeks at Bollywood Lounge in Wakefield, in January 2012 before he commenced his employment as a kitchen assistant at the Rupali Restaurant in Shipley on 27 th January 2012.