VA154382013 & VA154392013

This was an appeal against the determination of First-tier Tribunal Judge Malik promulgated on 25 th April 2014, following a �paper hearing�, in which the judge had refused the appeals of Mr Rana Azhar Ahmad Khan and his wife Mrs Maryam Saddiqa, both of whom subsequently applied for, and were granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellants are husband and wife respectively. The first Appellant, the husband, was born on 2 nd March 1972. The second Appellant, his wife, was born on 15 th July 1987. Both are citizens of Pakistan. Both applied for a visitor�s visa in order to visit their Sponsor and relative, Mr Arshad Mahmood, who is the first Appellant�s brother, and the second Appellant�s brother-in-law.

The judge held that, given that the first Appellant, Mr Rana Azhar Ahmad Khan �has supplied numerous documents in support of his appeal that is in business as claimed � I am satisfied on the balance of probabilities he is� (paragraph 8). However, the judge then turned to consider whether in �turning next to the issue of income� the Appellant could discharge the burden of proof that was upon him (see paragraph 9). Here the judge held that the Appellant could not discharge the burden of proof.

The grounds of application state that given that the judge was satisfied that the principal Appellant was in business as he claimed it was wrong to have dismissed the appeal.

On 2 nd July 2014 permission to appeal was granted on the basis that �it is arguable that the judge applied a too high standard of proof�.