OA092052013 & ors

For the Appellants: Mr A Mills, of Counsel instructed by Messrs Indus Solicitors

The appellants, a mother born on 16 September 1966 and her children born on 18 January 1995, 23 October 1996, 2 February 1998 and 10 July 1999 appeal, with permission, against a decision of Judge of the First-tier Tribunal Broe who in a determination promulgated on 25 April 2014 dismissed their appeals against a decision of the Entry Clearance Officer, Islamabad, to refuse them entry clearance to come to Britain as the wife and children of MI, a British citizen.

The notice of refusal was on the basis that the appellants had not shown that the sponsor met the income requirements in the rules of �29,600. The documentary evidence provided by the appellants had shown that the sponsor had been in each of two employments for less than six months and the refusal stated that the income from the two employments was �11,341 per annum. The respondent therefore refused the applications under the provisions of paragraph EC.B.1.1(d) of Appendix FM. The respondent stated that the appellants had not provided specified documents to support the application.

At the hearing before the First-tier Tribunal it was accepted by the Presenting Officer that the income from the two employments of �11,341.30 on which the respondent relied was a figure for which no basis could be found.

The judge considered the evidence relating to the sponsor�s employment with Dawn Cardington with A & S Food Store. He stated that neither letter confirmed the gross annual salary and that the Dawn Cardington letter also failed to state the period during which the appellant had received the salary relied on. The documentary evidence required by Appendix FMSE had therefore not been produced and the appeals could not therefore succeed under the Rules.