OA213052012

The appellant is a citizen of Pakistan born on 27 th May 1989 and she appealed against the decision dated 2 nd October 2012 of the Entry Clearance Officer to refuse her entry clearance application dated 5 th April 2012, as a spouse of Mr Tahir Ayub a British citizen present and settled in the UK and who has worked as a minicab driver with Swiss Cottage Car Services Limited from 2010 to date.

The appeal of Mrs Tahir was refused by Judge of the First-tier Tribunal Woolley on 31 st October 2013 on the basis that the sponsor�s income for the year 2012 to 2013 was insufficient.

The judge did make reference to the fact that the appellant or rather it was the sponsor had savings of �3,994.13 at the date of the decision.

An application for permission to appeal was made on the basis that the judge confused herself by taking into account irrelevant issues such as the brother�s rent in the house where the sponsor lived and whether the brother would move in or out. There was no evidence before the judge as to whether the sponsor�s brother would remain and the judge also failed to consider that a three bedroom house was too big for a single couple and they may rent out further rooms.

Further the judge did not consider the current circumstances of the sponsor�s bank account, his current earnings and concluded in paragraph 18 that the sponsor had not provided details of his income for 2011 to 2012.