OA171742013

The claimant, Fahimeh Hakimi Pirouj, date of birth 28.5.85, is a citizen of Iran.

This is the appeal of the Secretary of State against the determination of First-tier Tribunal Judge Moore promulgated 9.7.14, allowing the claimant�s appeal on immigration grounds against the decision of the respondent, dated 4.7.13, to refuse her application made on 16.4.13 for leave to enter the UK as a partner under Appendix FM of the Immigration Rules. The Judge heard the appeal on 19.6.14.

In summary, the grounds complain that the First-tier Tribunal Judge failed to take proper account of the mandatory documents specified under Appendix FM-SE, which were not submitted with the application; failed to properly take into account what the sponsor�s actual earnings were at the date of the application and failed to take into account that if the income requirements are now met, the appellant could make a fresh application. See Hameed (Appendix FM � financial year) [2014] UKUT 266 (IAC) , promulgated on 11.6.14.

I heard oral evidence from the sponsor, relying on his witness statement of 22.8.13. When asked why his wife simply didn�t make a fresh application with the correct evidence, he said he thought the appeal to the Upper Tribunal would be shorter in time. He had not spoken to her about making a new application. However, he confirmed that if he had to, he would. He apparently was still not paying his salary into the bank account and thus may have some difficulty meeting the requirements of Appendix FM.

I find it very clear that the claimant does not meet the requirements of the Immigration Rules under Appendix FM, and 2(c) of FM-SE. The bank statements do not show the salary paid into the account and the sponsor did not meet the financial threshold at the relevant time.