OA130052014

The appellant is a citizen of Bangladesh, born on 10 October 1984. He appeals against a decision of an Entry Clearance Officer dated 17 September 2014 refusing to grant him entry clearance as the spouse of a Mrs Nipa Begum, a person present and settled in the United Kingdom.

The First-tier Tribunal (Judge Cohen) dismissed this appeal in a decision promulgated on 28 August 2015. During the course of his determination Judge Cohen, contrary to the conclusions of the Entry Clearance Officer, found the appellant and Mrs Begum to be in a genuine and subsisting relationship and that they intend to live together permanently (see paragraph 2 of Judge Cohen's decision).

"[15] I firstly note that the sponsor had not been in both of her claimed employments for at least six months at the date of application and therefore [sic] find that the appellant could not meet the requirements of the Immigration Rules as at the date of application and had not submitted the mandatory documentation to show that the sponsor had been employed in those employments earning a minimum of £18,600 for the six-month period immediately prior to the date of application. I find that the appellant's application under the Immigration Rules is bound to fail."

In relation to the claimed employment at a company called Chadnis Indian Cuisine Limited, Judge Cohen further said this at paragraph 16:

"I find that she is not genuinely working at this restaurant in the claimed capacity or at all and find that she does not [sic] he claimed income arising from this employment. I find that the sponsor has created documentation to substantiate a false claim that she has sufficient income to meet the requirements of the Rules."