OA111132014

The Appellant is a citizen of Bangladesh. He applied for entry clearance as the spouse of the sponsor on 14 July 2014, and his application was refused on 29 August 2014 by reference to the requirements of Appendix FM to the Immigration Rules.

The Appellant duly appealed against that immigration decision and his appeal was heard on 30 April 2015, when it was dismissed under the Immigration Rules and on Article 8 grounds in a Decision promulgated on 12 May 2015 by First Tier Tribunal Judge Hands.

The Respondent filed a Rule 24 response dated 11 September 2015 in which it was argued the Appellant had failed to explain why the claims made for the sponsor's net wages in her payslips did not tally with the sums deposited into her bank account, and had failed to demonstrate by way of the evidence required in Appendix FM-SE that the sums deposited into her bank account met the income threshold set out in Appendix FM.

Equally it is plain that the cross-examination of the sponsor was not solely directed to the issue of whether her earnings had been artificially inflated, but it also went to the question of whether a number of the sums deposited into the sponsor's bank account failed to tally with the sums recorded in the documents that were said to be her genuine payslips.

I asked Mr Marfat to try to summarise the grounds that he had drafted, which Judge Landes had not unkindly described as "convoluted". He told me that Judge Landes had correctly identified the only point that he sought to make in drafting the grounds, and that this was the only complaint that he wished to advance of the Judge's decision.