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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> OA175532012 [2013] UKAITUR OA175532012 (29 August 2013) URL: http://www.bailii.org/uk/cases/UKAITUR/2013/OA175532012.html Cite as: [2013] UKAITUR OA175532012 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: OA/17553/2012
THE IMMIGRATION ACTS
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Heard at Field House |
Determination Promulgated |
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On 20 August 2012 |
On 29 August 2013 |
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Before
UPPER TRIBUNAL JUDGE ALLEN
Between
GOLSANA BAHAR SOBNOM
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Mr M A Bhuiyan of Haque & Hausman Solicitors
For the Respondent: Mr C Avery, Senior Home Office Presenting Officer
DETERMINATION AND REASONS
1. This is the appeal of Ms Sobnom against the decision of the Entry Clearance Officer of 13 August 2012 refusing an application under paragraph 281 of HC 395 which she made to enable her to join her husband Mr Ali who is a British citizen.
2. The appeal was dismissed under the Immigration Rules on the basis of maintenance and the judge made calculations which led him to conclude that the income was not enough to provide adequately for maintenance and subsequently issue has been taken with the calculation made by the judge in that regard because there were arrears of rent that required to be paid and so there were two separate payments being made to the landlord.
3. It seems in the end we do not have to go into that issue and the question of whether there was evidence before the judge in relation to that because as ground 2 makes clear, even if the judge’s calculation was correct and there was a shortfall of £8 a week, the sponsor had something slightly over £1,240 worth of savings at the time of the application and if one divides that out over the 24 months that would be required to be done then it is clear, as was common ground, that there was enough by some £400 to make up the shortfall and enable the requirements of the Rules on maintenance to be met.
4. As a consequence the appeal succeeds.
Signed Date
Upper Tribunal Judge Allen