OA043832013 & ors

This is an appeal by the Secretary of State against the decision of First-tier Tribunal Judge Oliver, who for reasons given in his determination dated 13 January 2014 allowed the appeals by the respondents. I shall refer to the respondents as the claimants. They comprise four Afghan nationals being the wife and children of Mr Khalil Hussayni. He is also an Afghanistan national and has indefinite leave to remain in the United Kingdom which was granted on 13 January 2010.

The Entry Clearance Officer did not accept the evidence that the sponsor was on target to earn �23,504 before tax and national insurance in the year of application. He observed that the claimants needed to demonstrate a minimum of �1,327 per month net income after the costs of accommodation of �400 per month and council tax of �100 per month had been taken into account, this being the current threshold for public funds.

The judge heard evidence from the sponsor and had before him a volume of documentation produced to support the claimed income stream from the pizza business. He noted some of that evidence in the determination but did not undertake a detailed analysis. He concluded at paragraph 9:

�I had no reason to doubt the honesty of the sponsor and therefore accept that he had been running the pizza business for a sufficient time to be able to make a reasoned estimate of his likely earnings as reflected in his self-assessment figures to HMRC. On this basis he not only meets the relevant DWP figures but would even satisfy the new and much more onerous figures without even touching the surplus in his bank account.�

The challenge by the Secretary of State is in essence to the adequacy of the judge�s reasons for finding in the claimants� favour. The complaint is that the judge had failed to give adequate reasons why he accepted the sponsor�s oral evidence in the absence of any corroboratory documentation.