IA/25736/2015

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The decision


IAC-AH-LEM-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/25736/2015


THE IMMIGRATION ACTS


Heard at Bradford
Decision & Reasons Promulgated
On 25 January 2017
On 2 March 2017



Before

UPPER TRIBUNAL JUDGE CLIVE LANE


Between

SABEELA BEGUM
(ANONYMITY DIRECTION NOT MADE)
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr Ghani, Ismail & Ghani
For the Respondent: Mrs Pettersen, a Senior Home Office Presenting Officer


DECISION AND REASONS
1. The appellant, Sabeela Begum, was born 18 March 1985 and is a citizen of Pakistan. She appealed against a refusal of the Secretary of State to grant leave to remain in the United Kingdom as the spouse of Abdul Waheed Aziz (Mr Aziz). The decision is dated 5 June 2015. The First-tier Tribunal, to which the appellant appealed, in a decision promulgated on 11 July 2016 dismissed the appeal. The appellant now appeals, with permission, to the Upper Tribunal.
2. The Secretary of State does not oppose the appeal. The reason for that is that at [19], Judge Dearden stated, “having advised me that I was to deal with the maintenance situation at the date of the decision, I observed that Mr Aziz at that time was in receipt of income support as a single person.” Both parties are agreed that the judge erred in law by considering the evidence at the date of the decision rather than at the date of the hearing before him (1 July 2016). Both parties are also agreed that, as of that date, the appellant and Mr Aziz had an income derived from employment which was sufficient to meet the requirements of HC 395. The parties are also agreed that this is not a case in which the provision of EX2 should apply; it was sufficient for the appellant to have proved the genuineness of the relationship with Mr Aziz and that they met the financial requirements of the Immigration Rules. She did not need to show that there were no insurmountable obstacles to her pursuing her family life in Pakistan.
3. In the circumstances, I set aside the decision of the First-tier Tribunal and have remade the decision which I allow.
4. The decision of the First-tier Tribunal which was promulgated on 11 July 2016 is set aside. I have remade the decision. The appeal of the appellant against the decision of the Secretary of State dated 5 June 2015 is allowed.
Notice of Decision

The appeal is allowed.

No anonymity direction is made.



Signed Date 10 February 2017

Upper Tribunal Judge Clive Lane