OA081052013

The appellant appealed to the First-tier Tribunal and did not seek an oral hearing. On 10 December 2013, dealing with the appellant�s appeal on the papers, Judge Deavin dismissed the appellant�s appeal on the basis that he had not established that the sponsor�s gross income was at least �18,600.

The appellant sought permission to appeal and on 13 January 2014 the First-tier Tribunal (UTJ Deans) granted the appellant permission to appeal on the basis that the judge was wrong to exclude post-decision evidence provided that it related to the circumstances appertaining at the date of decision. Thus, the appeal came before us.

The sponsor appeared at the hearing. She sought to argue that she had sufficient income to meet the requirements in the Rules. In particular, she relied upon the additional income which she claimed she earned by hosting students from the University of Exeter.

Consequently, on the evidence presented to the First-tier Tribunal, Judge Deavin was, in our judgment, correct to find that the evidence did not establish that the appellant met the financial requirements in Appendix FM and that therefore the appellant�s appeal was correctly dismissed under the Immigration Rules.

At no point has the appellant relied upon Art 8 of the ECHR and given the unsatisfactory state of the evidence presented by the appellant including that of the sponsor concerning her additional claimed income, we see no basis upon which the appellant could succeed under Art 8 on the evidence presented in the appeal.