OA/03066 /2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: OA/03066 /2015


THE IMMIGRATION ACTS


Heard at Field House
Decision and Reasons Promulgated
On 3 April 2017
On 4 April 2017



Before

UPPER TRIBUNAL JUDGE KEKIĆ


Between

Elena Montalbo anog
(anonymity order not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
(for the Entry Clearance Officer)
Respondent


Representation:
For the Appellant: Mr S Hirsch of S Hirsch Solicitors
For the Respondent: Mr Duffy, Senior Home Office Presenting Officer


DETERMINATION AND REASONS

1. Although this appeal is brought by the respondent I continue to refer to the parties as they were before the First-tier Tribunal.

2. The respondent obtained permission to appeal against the decision of First-tier Tribunal Judge Farmer who allowed the appellant’s appeal for entry clearance having found that the maintenance requirements had been met because the sponsor had shown documentary evidence that he had paid tax on the cash income he had claimed.

3. The respondent argued that the rules required cash income to be paid into a bank account in order to form part of the monetary assessment and the evidence did not show that had been done. Judge Saffer agreed and permission was granted.

4. The appellant’s representatives contacted the Tribunal by email on 27 March 2017 to state that the appellant wished to withdraw from the appeal. At the hearing this morning, Mr Hirsch confirmed that intention. Mr Duffy did not raise any objections.

5. As the appellant no longer wishes to defend the decision of the First-tier Tribunal Judge, the respondent’s challenge succeeds, as indeed it quite rightly should, given the clear error of the judge who took account of evidence of cash income which had not been paid into a bank account.

6. The decision of the First-tier Tribunal is set aside. I remake the decision and dismiss the appellant’s appeal for entry clearance.

7. Decision

8. The appeal is dismissed on all grounds.

Signed




Upper Tribunal Judge

Date: 3 April 2017