(Immigration and Asylum Chamber) Appeal Number: OA/17984/2012
THE IMMIGRATION ACTS
Heard at Field House on Determination promulgated on
1 July 2013
UPPER TRIBUNAL JUDGE GOLDSTEIN
DEPUTY UPPER TRIBUNAL JUDGE DIGNEY
SAJID AHMED (MASTER)
RASHEDA KHANAM (MRS)
ENTRY CLEARANCE OFFICER -DHAKA
For the appellants: Mr Choudhury
For the respondent: Ms Pal, Home Office Presenting Officer
DETERMINATION AND REASONS
I Mr Jamal Ahmed sponsor in the above appeal wish to state that in the event of the Tribunal finding that I do not have sufficient income to maintain all three appellants then I wish to withdraw the appeal of Rifat Ahmed OA/17983/2012 and proceed with the two other appeals.
However in this particular appeal the finances in issue as considered by the Entry Clearance Officer were considered as at the date of the Respondent’s decision on 26 August 2012. In that context it is questionable as to whether the withdrawal of the appeal at the hearing of one of the Appellants was an appropriate way to proceed. Permission to appeal is being granted because I consider that it is an appropriate matter for the Upper Tribunal to consider.
The appeal is accordingly dismissed
Designated Judge Digney
Deputy Judge of the Upper Tribunal 1 July 2013
 This is of course very apparent from the Immigration Rules where maintenance has to cover a spouse and “dependants”; see , for example, paragraph 281(v) .