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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> HU020552016 [2018] UKAITUR HU020552016 (23 October 2018) URL: http://www.bailii.org/uk/cases/UKAITUR/2018/HU020552016.html Cite as: [2018] UKAITUR HU020552016, [2018] UKAITUR HU20552016 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/02055/2016
THE IMMIGRATION ACTS
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Heard at Bradford |
Decision & Reasons Promulgated |
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On 8 th October 2018 |
On 23 rd October 2018 |
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Before
DEPUTY UPPER TRIBUNAL JUDGE D E TAYLOR
Between
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and
MR NASIR ALI
(ANONYMITY DIRECTION NOT MADE)
Respondent
Representation :
For the Appellant: Mr A Tan, Home Office Presenting Officer
For the Respondent: No representation
DECISION AND REASONS
1. This is the Secretary of State's appeal against the decision of Judge Jones made following a hearing at Bradford on 7 th August 2017.
Background
2. The claimant is a citizen of Pakistan born on 28 th December 1992. He applied for entry clearance to settle in the UK as a spouse but was refused on 4 th December 2015. The Entry Clearance Officer was not satisfied that the financial requirements of the Rules were met.
3. The Immigration Judge found in favour of the claimant.
4. The Secretary of State then sought permission to appeal on the grounds that the judge had found that the claimant met the financial requirements of the Immigration Rules but it was clear from paragraph 17 that the sponsor only had an income of £6,857 and savings of £30,133. Since the claimant was relying upon a mixture of earnings and savings he was required to demonstrate £45,357.50 in savings which he was unable to do.
5. The determination is not very clear. However it is quite apparent that the evidence before the judge, and accepted by him, was that the sponsor was in receipt of carer's allowance. Accordingly, under paragraph E-ECP.3.3(v) the claimant only had to show that his partner was able to maintain and accommodate him adequately in the UK without recourse to public funds, and he did not have to meet the level of earnings and savings referred to in the grounds.
6. Mr Tan said that the author of the grounds probably had not seen the determination. He was not challenging the judge's conclusion that the claimant could be adequately maintained and accommodated in the UK on the basis of his sponsor's income and her savings.
Notice of Decision
The original judge did not err in law. His decision stands. The claimant's appeal against the refusal to grant him entry clearance is allowed.
No anonymity direction is made.
Signed Date 17 October 2018
Deputy Upper Tribunal Judge Taylor
