OA115392013

For the sake of convenience I shall refer to the appellant as the entry clearance officer and the respondent as �the claimant.�

The claimant is a Sri Lankan national born on 6 th May 1990. She appeals against the decision of the respondent refusing her application for an entry clearance to the UK as a partner under Appendix FM of the Immigration Rules.

In a determination promulgated on 9 th May 2014, First-tier Tribunal Judge Andonian allowed the claimant's appeal under the Immigration Rules.

At paragraph 4 of the determination, the Judge noted that the burden of proof was on the appellant. It was �true� that the sponsor's bank statements did not show credits that directly matched the payments that he had received from various employers but that was because they pay the sponsor in cash. He had however provided payslips and evidence that they pay him the required salary and that would have been sufficient. It was ��.not fair to refuse to allow the appellant to join the sponsor just because the respondent expects people to be paid direct into the bank account and not by cash.�

He had earlier noted at paragraph 3 that the entry clearance officer made a number �of technical objections to the evidence of the sponsor's pay.� The sponsor had done his best to provide the missing evidence in the bundle before the Tribunal and to show that he continues to earn enough to support himself and the appellant without recourse to public funds. However, he could not provide everything as specified because he could not find the payslips for the weeks 22 and 36.