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Mr Hussain had accepted that the Appellant had failed to provide those documents �as at the date of the application but has still not been able to provide them� (paragraph 35). The argument presented by Mr Hussain before the judge was that
�The case of DR (Morocco) allows me to reset the relevant twelve month period during which the bank statements and pay slips are required to a twelve month period prior to the date of the ECO�s decision rather than the date of application� (paragraph 26).
The judge concluded that this was not possible. The appeal was dismissed under the Immigration Rules.
�The evidence before me does not establish any good reason why the Sponsor could not have produced the necessary pay slips and bank statements as required under the Rules. The evidence also indicates that there is no reason why the Appellant could not make a further application ...� (paragraph 41).
The judge concluded that, �in any event it would have been proportionate to dismiss the Appellant�s appeal by reference to the legitimate aim of effective and fair immigration control ...� (paragraph 43).
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