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This is the Secretary of State�s appeal against the decision of Judge Hague made following a hearing at Bradford on 12 th December 2013.
The claimant is a citizen of Pakistan who applied for leave to enter the UK as a spouse. He was refused on 28 th February 2013 on the grounds that the Entry Clearance Officer was not satisfied that he was in a subsisting relationship with his wife, and on the grounds that he had previously contrived in a significant way to frustrate the intentions of the Rules by being an illegal entrant, with reference to paragraph 320(11) of the Immigration Rules.
The judge heard oral evidence from the Sponsor whom he found to be entirely credible and he allowed the appeal in respect of both issues raised by the Entry Clearance Officer.
�Mrs Burrows (the Presenting Officer) sought leave to raise maintenance as a new issue. She acknowledged that the Sponsor�s earnings from the two jobs were sufficient to satisfy the financial requirement at the time of the decision but pointed out that for the restaurant job the Sponsor had only produced payslips and had not shown the money being paid into her account as required.�
The judge stated that this was not an issue raised by the Entry Clearance Officer and �as it amounts to no more than objection on an evidential technicality only I declined to consider the argument.�
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