OA178182013

The Entry Clearance Officer appeals against the decision of Judge Hindson to allow the appeal of Mrs Parastoo Shafie against refusal of her application for entry clearance as the spouse of a person present and settled in the United Kingdom. For ease of reference, I shall hereafter refer to the parties in accordance with their status in the First-tier Tribunal.

Judge Hindson found that the appellant had proved that her relationship was genuine and subsisting [see paragraphs 19 to 21]. That finding is not challenged by the respondent in this appeal.

Taking all the evidence in the round, I am satisfied that the appellant has a net profit before tax which is in excess of the �18,600 requirements. So far as the specified evidence is concerned, Mr Mullarkey was unable to point to any of the individual evidential requirements that had not been met. Miss Khan contended that all of the requirements had been met and took me to the relevant document in respect of each requirement. I am therefore satisfied that the specified evidence requirements are also satisfied.�

The grounds of appeal are conveniently summarised in the third paragraph of the grant by Upper Tribunal Judge Martin of permission to appeal:

�It is arguable, as asserted in the grounds, that the Judge has erred in looking at the documents and income at the wrong date. The relevant date under the Rules for income and the specified evidence as to income is the date of application, which was 30 th April 2013.�