IA164192013

This is an appeal by the appellant against the determination promulgated on 2 January 2014 of First-tier Tribunal Judge Camp which refused the appellant�s appeal against the respondent�s decision of 19 April 2013 to refuse leave to remain as a spouse.

The first is that Judge Camp was in error in finding at [30] and [33] that the sponsor had not shown that the money paid to her by Leicestershire County Council could be taken into account for the purposes of paragraph E-LTRP.3.2. of Appendix FM of the Immigration Rules so could not show that she had a specified gross annual income of at least �18,600.

The second is that the respondent had accepted when refusing the application that the appellant and sponsor were in a genuine and subsisting relationship. It had not been open to Judge Camp to go behind that without clear notice being given to the appellant so that he could address the point.

I was grateful to Ms Masih and Mr Mills for their submissions on a narrow but, certainly to me, novel point concerning how the sponsor�s payments from Leicestershire County Council should be regarded.

Ms Masih maintained that the documents at pages 81, 91, 117, 118 of the appellant�s first bundle of evidence (FB) showed that the sponsor was regarded by the local authority as �self-employed�, that as a carer she could �earn� the money paid to her and that HMRC regarded the money paid to her by the local authority as �payments�.