OA100682014

This is the appeal of the Secretary of State against the decision of the First-tier Tribunal of 30 September 2015 to allow the appeal of Faith Kiconco Serunjogi a citizen of Uganda born 11 November 1987, against the refusal of entry clearance dated 5 August 2014.

The application was to join her husband in the United Kingdom, and it was refused because the aggregate earnings relied upon were insufficient: his employed earnings with the Epsom and St Helier NHS Trust did not themselves reach the threshold of £18,600 and the self-employed earnings he relied on to supplement them were considered not to meet the requirements of the Immigration Rules.

The First-tier Tribunal allowed the appeal having heard oral evidence from the Sponsor Henry Serunjogi, which it accepted as credible, that his earnings exceeded £19,000 annually. The Judge noted that further documents had been brought to court by way of HMRC documents, a document issued by his accountant confirming his work for the company, Makiki Ltd, of which he is the sole director, and the figures required by the HMRC demanding tax.

Grounds of appeal argued that the findings of fact were of such brevity that it could not be seen how the appeal succeeded applying the financial requirements by reference to the relevant specified documents set out in Appendix FM-SE.

The First-tier Tribunal granted permission to appeal on 15 February 2016 because there was an arguable error in the findings of fact relating to the evidence before the Judge.