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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: OA/06613/2015

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 12 April 2017	On 21 June 2017

 

 

Before

 

UPPER TRIBUNAL JUDGE ALLEN

 

Between

 

Jacen O BriEn Spencer

(anonymity direction NOT MADE)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

 

Representation :

 

For the Appellant: Mr S E Unigwe

For the Respondent: Mr S Kotas

 

 

DECISION AND REASONS

 

 

1. This is the remaking of the appeal of Mr Spencer against the respondent's decision of 5 February 2015 refusing him entry clearance as a partner under Appendix FM paragraph EC-P.1.1.

 

2. At a hearing on 6 February 2017 I found an error of law in the decision of the First-tier Judge who had previously allowed Mr Spencer's appeal, the problem being that Mr Spencer had not produced bank statements in compliance with the requirements of the Rules. I was lacking the personal bank statements corresponding to the period of the pay slips at paragraph 2(a) showing that the salary had been paid into an account in the name of the person or in the name of the person and their partner jointly.

 

3. At the hearing before me today were produced bank statements which, it was common ground, corresponded with the requirements of the Rules.

 

4. The appeal of Mr Spencer is accordingly allowed.

 

5. No anonymity direction is made.

 

 

 

 

 

 

Signed Date 26 April 2017

 

 

Upper Tribunal Judge Allen