United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/01159/2017

 

 

THE IMMIGRATION ACTS

 

 

Heard at Birmingham Civil Justice Centre	Decision & Reasons Promulgated
On 14 th January 2019	On 30 th January 2019

 

Before

 

Upper Tribunal Judge Chalkley

 

 

Between

 

mohsin waheed

(ANONYMITY DIRECTION NOT MADE)

Appellant

and

 

ENTRY CLEARANCE OFFICER

Respondent

 

 

Representation :

For the Appellant: Mr M Nadeem, solicitor's clerk with City Law Solicitors

For the Respondent: Miss D Mills, Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1. The appellant is a citizen of Pakistan born on 25 ^th December, 1992. He applied for entry clearance to join his partner in the United Kingdom under Appendix FM. The respondent refused that application on 21 ^st December, 2016 and the appellant appealed that decision to the First-tier Tribunal which heard it at Birmingham on 1 ^st December, 2017.

 

2. Before me today it was accepted that there were errors of law in the judge's determination such that the evidence before First-tier Tribunal Judge Burke showed that the sponsor's income was more than sufficient to satisfy the requirements of the Immigration Rules. Both representatives agreed that the appeal should be allowed and I am happy to allow it.

 

3. The appellant's appeal is allowed.

 

 

Richard Chalkley

Upper Tribunal Judge Chalkley

 

 

 

TO THE RESPONDENT

FEE AWARD

 

As I have allowed the appeal and I have considered making a fee award and have decided to make a fee award of any fee which has been paid or may be payable.

 

Richard Chalkley

Upper Tribunal Judge Chalkley

 

Dated 28 January 2019