OA090032015

This is an appeal against a determination of First-tier Tribunal Judge Jerromes, promulgated on 1 st August 2016, following a hearing at Birmingham Sheldon Court on 26 th July 2016. In the determination, the judge allowed the appeal of the Appellant on Article 8 ECHR grounds. The Respondent subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a female, a citizen of Pakistan, who was born on 28 th May 1996. She appealed against the decision of the Respondent Entry Clearance Officer dated 20 th May 2015 refusing her application to join her sponsoring husband, who is present and based in the United Kingdom, and whose name is Sajid Hussain. The said decision of the ECO was upheld by the Entry Clearance Manager on 20 th August 2015.

The Appellant's claim, in relation to the decision letter against her, is that her husband does earn the requisite £18,600 for the financial threshold requirement, because there was evidence before the decision maker that for the twelve months preceding the application the Sponsor earned a total of £18,825.15, from a variety of separate sources. The main ones here are the income from Gentino Casino and from William Hill.

The judge then applied the Supreme Court case in Mandalia [2015] UKSC 59 . This case, however, raised the question of the decision maker having to invoke the evidential flexibility policy where information could be forthcoming in relevant respects, but the judge went on to conclude that,

"I am satisfied that requesting the missing payslip for March 2014 from William Hill would be of no avail as based on the Sponsor's usual monthly salary from William Hill, it is extremely unlikely this March salary would meet the shortfall of £1,081.17" (see paragraph 23).