OA032692013

The appellant is a citizen of Morocco, born on 21 March 1976. The sponsor is his wife, Mrs Deborah Souihli, a UK citizen. They married in Morocco on 14 July 2008, and lived together there until October 2010 when the sponsor returned to the UK for medical treatment. The appellant visited her in the UK in September 2011, January 2012 and September - October 2012, returning each time well within the period permitted by his visas. On 25 November 2012, he applied to settle in the UK as her spouse.

The Entry Clearance Officer refused the application by notice dated 10 January 2013, under reference only to the financial requirements of the Immigration Rules. She was required to have a gross income of �18,600 pa, but earned only �14,508 pa, and had insufficient savings.

The appellant appealed to the First-tier Tribunal. He did not seek an oral hearing. By determination promulgated on 21 June 2013 FtT Judge Ferguson dismissed the appeal under the Immigration Rules and under the ECHR.

On 1 August 2013 Designated Judge Woodcraft granted permission to appeal to the Upper Tribunal, on the view that the judge�s conclusions in respect of the Rules and Article 8 were both arguably wrong in the light of MM & Others v SSHD [2013] EWHC 1900 (Admin) .

In relation to the fresh decision which might be substituted, if error of law were to be found, the Presenting Officer accepted that this was a case which would almost certainly have succeeded before the amendments to the Immigration Rules made in June 2012. He also accepted that there was nothing adverse in the appellant�s immigration history. He was unable to say that there was any more on the state�s side of the proportionality balance than the general public interest in enforcing the Rules as they stand, including the strict financial requirements.