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For the Appellant: Mr D Sills, Counsel instructed by Messrs Rahman & Company Solicitors
This is an appeal by the Appellant, a citizen of the Democratic Republic of Congo, born on 25 December 1996 against the decision of the Respondent dated 27 November 2012 when she refused the Appellant�s application for an entry clearance to settle in the United Kingdom, the relevant Immigration Rule being under paragraph 297 of the Immigration Rules (as amended).
The appeal was heard by First-tier Judge A W Khan at Hatton Cross on 29 October 2013 and in a determination promulgated on 18 November 2013 he dismissed the Appellant�s appeal.
The Appellant�s immigration appeal was dismissed solely on the basis that the Judge concluded that the Appellant had failed to discharge the burden of proof upon her to show that she met the maintenance requirements of the Rules. Indeed the Judge was clear that in all other respects the requirements of the Immigration Rules were met.
A successful application for permission to appeal to the Upper Tribunal was granted on the basis that the Judge was simply mistaken. He had miscalculated the figures before him. It was contended that the Sponsor�s income exceeded the weekly amount necessary to demonstrate adequate maintenance.
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