OA248872012

This is the appeal of the Secretary of State against the determination of First-tier Tribunal Judge Lever promulgated on 10.10.13, who, on human rights grounds, allowed her appeal against the decision of the respondent, dated 20.11.12 to refuse her application for entry clearance to the United Kingdom as a partner under Appendix FM of the Immigration Rules. The Judge heard the appeal on 24.9.13.

First-tier Tribunal Judge Campbell refused permission to appeal on 1.11.13. However, when the application was renewed to the Upper Tribunal, Upper Tribunal Judge Goldstein granted permission on 9.6.14.

The appellant was not legally represented but the sponsor Mr Talib Nori was present.

The application had been refused because of failure to comply with the specified evidence requirements of Appendix FM-SE in relation to the sponsor�s financial circumstances. The claimant had to demonstrate not only that the sponsor�s income met the �18,600 threshold but that the evidence specified had been submitted.

Doing the best he could to assist the claimant and the sponsor from the available documents, Judge Lever found that the sponsor�s income was no higher than �17,540.44, as evidenced by the P60, and thus fell short of the �18,600 threshold. Further, necessary specified documents, including correct contract of employment, bank statements, etc., had not been produced. The judge thus concluded at �28 that the appellant did not meet the requirements of the Immigration Rules.