(Immigration and Asylum Chamber) Appeal Number: HU/15856/2017
THE IMMIGRATION ACTS
Heard at Field House Decision & Reasons Promulgated
On the 1 st August 2019 On the 16 th August 2019
DISTRICT JUDGE MCGINTY
SITTING AS A DEPUTY UPPER TRIBUNAL JUDGE
MRS ADEBOLA OLUFUNMILAYO FABIAN
(Anonymity Direction not made)
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the Appellant: Mr Brissett (Legal Representative)
For the Respondent: Mr Melvin (Senior Home Office Presenting Officer)
DECISION AND REASONS
1. This is the Appellant's appeal against the decision of First-tier Tribunal Judge Carroll promulgated on the 28 th February 2019, in which she dismissed the Appellant's appeal against the Respondent's decision to refuse her entry clearance on Human Rights grounds.
2. The Appellant Mrs Fabian is a Nigerian citizen. Her sponsor, Mr [SF], is a British citizen. On the 5 th December 2016, the Appellant sought entry clearance to the United Kingdom as Mr [F]'s spouse. That application was refused by the Respondent in a decision letter dated the 12 th October 2017, on the grounds that the Respondent was not satisfied that the Appellant and her sponsor were in a genuine and subsisting relationship or that they intended to live permanently together in the United Kingdom. The Respondent also was not satisfied that the sponsor met the minimum income requirements of the Immigration Rules. It was said that the Appellant had not submitted any sponsor finance documentation and had not completed an Appendix II. The Respondent was further not satisfied that the sponsor would be adequately accommodated in the UK without recourse to public funds.
3. That decision was appealed to the First-tier Tribunal, and that appeal was heard by First-tier Tribunal Judge Carroll at Taylor House on the 15 th February 2019, who although being satisfied regarding the genuineness and subsisting nature of the relationship and the accommodation and the English language requirements, was not satisfied, when considering the Article 8 claim initially through the lens of the Immigration Rules that the Appellant had demonstrated that the financial requirements of Appendix FM were met. The Judge went on to find that there were no exceptional or compelling circumstances to mean that the decision was disproportionate for the purposes of Article 8 outside of the Rules, such as to amount to a breach of the Appellant's Human Rights. The First-tier Tribunal Judge found that:
"The sponsor is in a salaried employment and must demonstrate an income of a minimum of £18,600. The material period for documentation relating to his employment is six months prior to the date of application in December 2016. In his oral evidence the sponsor said that all of the documentation had been submitted with the Visa Application Form. I have no way of verifying this. However, the employment documentation relating to the sponsor which appears at page 12 and following of the principal bundle does not cover the relevant period. There is one letter of the 1 st July 2016 on the headed paper of Barratt London in which it is said that the sponsor's salary with effect from the 1 st July 2016 will be £20,910 per annum. There are also two offers of employment; one of these is dated the 16 th October 2017 and there is also a contract of employment dated the 13 th October 2018 (page 12). The bundle also contains a P60 for the sponsor but this is for the tax year to the 5 th April 2015. There are also a number of payslips but none for the period July to December 2016. I note also that a large number of the payslips submitted (for 2017) do not show the sponsor's name.
6. In the light of this very limited evidence, the Appellant does not satisfy the financial requirement provisions of Appendix FM (E-ECP.3.1)".
My Findings on Error of Law and Materiality
Notice of Decision
The decision of First-tier Tribunal Judge Carroll does not disclose any material error of law and is maintained.
I make no Order in respect of anonymity, no such Order having been sought before the First-tier Tribunal Judge or before me.
District Judge McGinty
sitting as a Deputy Upper Tribunal Judge Dated 1 st August 2019