OA245282012

For the appellant: Mr M Iqbal of Counsel instructed by Denning Solicitors, (Barking Road)

This appeal has been brought to the Upper Tribunal by the Entry Clearance Officer (the respondent at the first -tier Tribunal) against the decision of Judge Lingham who allowed her appeal against the respondent�s decision refusing her entry clearance to join her husband in the UK for settlement. For the sake of consistency the parties are referred to in this determination in the same way as they were before the first tier.

The appellant is a national of Pakistan. She was born on 11 December 1983. She was refused entry clearance to join her husband in the UK for settlement on the sole ground that she had not satisfied the respondent about her husband�s ability to maintain her in the United Kingdom. She had applied for entry clearance on 20 September 2012 and her application was turned down on 6 November 2012. In her application for entry clearance the appellant had stated that Radio Cars Ltd employs her husband at an annual salary of �19,200.00.

I heard submissions from Miss Everett and Mr Iqbal. Miss Everett relied and expanded on her grounds of appeal. Mr Iqbal argued that according to Section 85 (2) and the decision in DR (Morocco) it is the date of decision and not the date of application that is relevant in this matter. He submitted that the immigration rule advanced by the respondent is at best ambiguous and that the decision of Judge Lingham is not in error of law.

The Judge cannot be criticised for relying on Rodriguez [2013] UKUT 42 (IAC) that was good law at the time of her decision but has been subsequently reversed by the Court of Appeal.