OA224472012 & ors

The appellant is the Entry Clearance Officer, to whom I shall refer in this determination as the �claimant�.

The respondents are Pakistani nationals born 1 st January, 1968, 6 th October, 1996, 10 th July, 1998 and 6 th December, 2001, respectively. On 16 th July, 2012 the respondents applied for a visa to enable them to join Saqib Mahmood Butt (�the sponsor�) in the United Kingdom. The sponsor is the husband of the first respondent and together they are the parents of the second, third and fourth respondents.

The respondents� applications were refused by the claimant in Islamabad on 11 th October, 2012. The first respondent�s application was refused because the claimant was not satisfied that the relationship between the first named respondent and her partner was genuine and subsisting and because the respondent had failed to meet the financial requirements. The remaining respondents� applications were refused because the claimant had refused the first named respondent�s application.

The respondent�s appealed and their appeal was heard by First Tier Tribunal Judge Buster Cox who allowed their appeals in a determination promulgated on 23 rd August, 2013. The judge found the sponsor to be credible and he accepted the sponsor�s evidence. He found that the first named respondent and the sponsor were and are in a genuine and subsisting relationship.

The judge found himself satisfied as to the relationship between the first named respondent and the sponsor and found that they were in a genuine and subsisting relationship. He concluded that the first named respondent did not meet the financial requirements of the eligibility rules and did not therefore meet all of the eligibility requirements. He found the decision of the claimant to be in accordance with the Immigration Rules.