Tribunal decisions

The decision

UPPER Tribunal
(Immigration and Asylum Chamber) Appeal Number: OA/08564/2015

THE IMMIGRATION ACTS

Heard at: Field House
On: 15 February 2017

Decision & Reasons Promulgated
On: 6 March 2017
Before

Deputy Upper Tribunal Judge Mailer

Between

entry clearance officer
Appellant
and

Mr Olusola Silas Adepoju
no anonymity direction made
Respondent

Representation
For the Appellant: Mr T Melvin, Senior Home Office Presenting Officer
For the Respondent: Mr P Paraskos, counsel (instructed by AO Associates (Solicitors))

DECISION AND REASONS
1. I shall refer to the appellant as the entry clearance officer and to the respondent as the claimant.
2. The entry clearance officer appeals with permission against the decision of the First-tier Tribunal Judge J H H Cooper who, in a decision promulgated on 2 September 2016, allowed the appellant's appeal against the decision of the respondent dated 15 April 2015 to refuse to grant him entry clearance for settlement in the UK as the spouse of Ms Florence Alonge, the sponsor, a British citizen.
3. The Judge found that theirs is a genuine and subsisting relationship and that the parties intend to live together as husband and wife in the UK.
4. With regard to the sponsor's finances, the Judge stated that although the specified documents required had been clearly listed in the notice of refusal, they were still not before the Tribunal at the date of hearing, particularly as the sponsor confirmed that all of them were in existence and could have been produced.
5. In the circumstances Judge Cooper decided not to decide the appeal for at least ten days and agreed to take into account any further documentation submitted on behalf of the claimant during that time. The claimant's representative subsequently produced the 'correct documentation' [36].
6. The items consisted of the sponsor's payslips for a period of six months ending in February 2015; HSBC bank statements for the same period showing a regular monthly income from this employment as reflected in the bank statements with the cumulative total as at 28 February 2015 of £24,832.21. That was sufficient to meet the £18,600 threshold [37]. There would be adequate accommodation available for the claimant.
7. The appeal was allowed the Rules [40].
8. In granting permission to the entry clearance officer to appeal, First-tier Tribunal Judge Grant-Hutchinson stated that it was arguable that the Judge erred in law and misdirected himself by failing to apply the relevant Rules in Appendix FM-SE with respect to the sponsor's ability to financially support the claimant.
The appeal
9. I was referred to the bundle of evidence produced before Judge Cooper pursuant to his direction affording the claimant's solicitors an opportunity to produce the documents.
10. Mr Melvin accepted that the documentation provided showed that the relevant requirements under Appendix FM-SE had in fact been met.
11. I have had regard to the documents produced which were provided in the entry clearance officer's bundle.
12. It is evident that the relevant employer's letter dated 8 June 2015 setting out the sponsor's employment complied with the requirements under Appendix FM-SE. The relevant payslips for the period required were produced. Those matched the payments in to her HSBC account each month.
13. I am accordingly satisfied that the necessary documents specified in Appendix FM-SE had been provided.
Notice of decision
The decision of the First-tier Tribunal Judge did not involve the making of an error on a point of law. It shall accordingly stand.
No anonymity direction is made.

Signed Date 3 March 2017
Deputy Upper Tribunal Judge C R Mailer