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This is an appeal by the Entry Clearance Officer (ECO). However, for the purposes of this decision, I shall refer to the ECO as the respondent and Mr Cheklat as the appellant, reflecting their positions as they were in the appeal before the First-tier Tribunal.
The appellant is a citizen of Algeria, born on 23 May 1980. He applied for entry clearance as a partner under Appendix FM of the immigration rules, in order to settle in the United Kingdom with his wife.
Permission to appeal against that decision was sought by the respondent on the grounds that the judge had had no regard to the rules on specified evidence and that at the date of the appellant�s application the sponsor�s income did not meet the specified evidence rules on income threshold.
In response to my enquiries, Mr Rees confirmed that there was no evidence of payments of tax by the sponsor.
In response, Ms Isherwood submitted that the judge accepted, from his own calculations, that the evidence of gross annual income was insufficient and allowed the appeal only by accepting the evidence of the �2000. He erred by doing so.
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