OA021782013

The Respondent is a national of Somalia date of birth 20 th October 1990. She currently resides in Kampala, Uganda. On the 7 th February 2014 the First-tier Tribunal (Judge Boyes) allowed her appeal against the decision of the Respondent to refuse her entry clearance to the UK as the spouse of a person present and settled here. The Respondent�s sponsor is her husband Mr Gedi Ali.

The application had been considered with reference to Appendix FM of the Immigration Rules and refused on the basis that the Respondent had not demonstrated that she met the requirements set out in paragraph E-ECP 3.1. It was accepted that Mr Ali earned �16,380 in his employment at the �Maple Leaf Bakery�. He had claimed to have additional income from �Gees Good Grocery� which would take him over the threshold of �18,600 per annum, but the Entry Clearance Officer could not take evidence of this into account, in essence because Mr Ali had been working there for less than 6 months.

The grounds of appeal are that the First-tier Tribunal erred in failing to have regard to Gulshan [2013] UKUT 640 (IAC) and Nagre [2013] EWHC 720 (Admin) . There was no regard had to whether there was a good arguable case for proceeding to consider Article 8. Further the grounds take issue with the conclusions reached by Blake J in MM and Ors . Before me Mr Tarlow did not pursue these � MM � grounds.

It will rarely if ever be a material error of law to fail to specifically cite a case where it is clear that the Tribunal has applied the right principles.

There is no criticism of her proportionality balancing exercise per se ; if it accepted that the findings on proportionality were open to Judge Boyes it can hardly be said that there was not a �good arguable case� for going on to consider Article 8. If there was an error in not expressly setting out the dicta in Gulshan it is not, in this case, such that the decision should be set aside.