OA151792014

This is an appeal against the determination of First-tier Tribunal Judge Ferguson, promulgated on 17 th June 2015, following a hearing at Birmingham on 29 th May 2015. In the determination, the judge allowed the appeal of Naeem Aslam Raja. The Respondent subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The grounds of application state that the judge materially misdirected himself by law by ignoring the requirements set out in the Immigration Rules regarding the supporting documentary evidence by disregarding the fact that the Sponsor's evidence of income postdated the decision and the judge made a mistake as to a material factor in calculating the Sponsor's annual income. He took into account postdecision documentary evidence.

At the hearing before me on 6 th November 2015, the Appellant was unrepresented, but a Mr Khawar Fayyaz, the nephew of Mrs Nisa, the sponsoring wife, attended court as a McKenzie friend, an interpreter Mr Syed Hussain, was present to interpret in Punjabi.

For her part, the Sponsor explained through her nephew that when the application was submitted there was a P60 and that she started her job in November, but there were no wage slips and for this reason letters from the three employers were submitted to show the income earned. The tax letter from HMRC confirms earnings of £18,600.

I am satisfied that the making of the decision by the judge involved the making of an error on a point of law (see Section 12(1) of TCEA 2007) such that I should set aside the decision and remake the decision. My reasons are as follows.