OA013702015

The appellant is a citizen of Pakistan born on 16 April 1986. She appeals against the decision of First-tier Tribunal Judge Walker ("the Immigration Judge") promulgated 30 June 2015 ("the Decision"). Permission to appeal was initially refused by First-tier Tribunal Judge Manuell on 23 September 2015 but subsequently granted by Upper Tribunal Judge Smith on 28 October 2015.

The appellant therefore maintained her appeal to the FtT which came before the Immigration Judge at North Shields sitting on 24 June 2015. His decision was promulgated on 30 June 2015.

Both representatives attended the Tribunal and made representations and the sponsor had been able to provide confirmation from HMRC in the form of a form (SA302) confirming his income but was still unable to provide the required accountancy documents/accounts. Accordingly, the Immigration Judge considered himself bound to maintain the refusal and dismissed the appeal.

Following the grant of permission by Upper Tribunal Judge Smith, directions were sent to the parties that the Upper Tribunal would not consider any evidence which was not before the FtT unless notice had been given in accordance with Rule 15(2A) of the Tribunal Procedure (Upper Tribunal) Rules 2008 and satisfied the requirements of those Rules. Such notice was to be given and documents were to be served no later than 21 days before the hearing.

At the hearing the sponsor, Mr Saghir, attended with a cousin, Ms Aziz, who purported to speak on his behalf. Mr Saghir was able to confirm that the appellant was his wife. I pointed out to Ms Aziz that as a "McKenzie friend" she was entitled to advise and assist the appellant but not to act as an advocate on his behalf. I found it difficult to get this point home and in fact Ms Aziz did, effectively, speak on behalf of the appellant rather as though she were acting as an advocate.