An Australian saved by the outstanding achievement of British Bangladeshi Lawyer M. A. Muid Khan
Despite the fact that the British Sponsor husband Mr. Nicholas Robert Burns (“Nick”) had only £7,221 GBP and failed to satisfy the Minimum Financial Requirement of £18,600 (minimum financial requirement of UK Immigration Rules) introduced on 9th July 2012 by the Home Office of the United Kingdom, Mr. M A Muid Khan has obtained a ground breaking judgment in favour of the British Sponsor’s Australian wife Ebony Rose Buckle (“Eboney”) under Article 8 of European Convention of Human Rights.
In brief the background of this ground breaking judgement is that on 10th September 2009, Miss. Eboney first entered in the UK as student & returned to Australia on 31st October 2010. On 22nd of November 2010, she again entered in the UK with a two year’s “Youth Mobility Visa for the UK”.
Miss Eboney first met her British husband in July 2010 in London. They started a partnership relationship from 30th September 2010. They were married on 13th July 2012.
Mr. M. A. Muid Khan won the appeal for the Australian TV Star Ebony Buckle, who was denied a UK visa by the Entry Clearance Officer because her British husband is too poor to support her
Miss. Eboney worked lawfully in the UK with her Youth Mobility Visa & had both salaried employment and self-employed earnings. In November 2011, she started her full-time salaried employment at the estate agent Knight Frank in St John’s Wood, London. Her yearly income was 26,000 GBP. She worked for this company until October 2012. She was also registered as self-employed on the 3/12/2010, & began earning money as a self-employed performer until November 2011.
Miss. Eboney is a very famous Australian TV actress. In March 2012, she performed in a Guest Lead role in the BBC1 Drama “Inspector George Gently”, directed by Giles Mackinnon. This episode aired across the UK in September 2012. It has since been shown internationally. With her application, she submitted her tax return for 2011 – 2012 which showed a gross income of 19,607 GBP. She also submitted her husband’s income, who is a famous British Rock Star, from a Self-Employed Partnership from which his gross income for 2011 – 2012 was 7,221 GBP. The combination of both earnings shows that they had a gross joint income of approximately 26,828 GBP, which easily exceeds the UKBA requirement of 18,600 GBP. The couple also submitted evidences of their joint savings for more than £16,000.
Entry Clearance Officer deemed rock singer Nick Burns too poor to support his Australian wife Ebony Buckle
In November 2012, Miss. Eboney returned to Australia in order to apply for a ‘Settlement’ visa as the dependent spouse of Nick. The Entry Clearance of the British High Commission, Australia refused her application alleging that her British Sponsor husband has failed to satisfy the minimum financial requirement of Paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules as Nick’s income was below £18,600.
On behalf of Miss. Eboney, the British-Bangladeshi lawyer M.A. Muid Khan lodged an appeal (Appeal Number: OA/06855/2013) against the decision of the Entry Clearance Officer.
On 16th December 2013, the appeal was heard at Hatton Cross Immigration Tribunal before the Honourable Immigration Judge Mr. Rowlands. Sir Alex Allen, former chairman of the Joint Intelligence Committee and a long standing family friend of Miss. Ebney & his wife Sarah Stacey Allan was also attended the appeal hearing and gave their witness statements to support Miss. Eboney’s appeal.
On 8th January 2014, the Honourable Immigration Judge Mr. Rowlands promulgated the determination. He has refused to allow this appeal under the Immigration Rules as Nick’s earning was below £18,600 and filed to satisfy the minimum financial income requirement of the Immigration Rules.
Mr. M. A. Muid Khan with the CILEX Pro-Bono Award in 2012 with the Honourable Judges
However, due to robust submission of Mr. M A Muid Khan regarding Nick & Eboney’s established private and Family life, the Honourable Judge considered principles of Proportionality as established by Lord Bingham at Paragraph 17 of Razgar (2004)UKHL27, and allowed Miss. Eboney’s appeal under Article 8 of the European Convention of Human Rights.
It has become a ground breaking landmark judgment in the field of Immigration Rules, Human Rights & Fundamental Freedom as no other Immigration Judges has ever allowed any other appeals of this kind where the sponsor has failed to satisfy the Immigration Rules, yet the appeal was allowed under Article 8 of the European Convention of Human Rights.
In 2012, the Legal World of UK including Lord Chief Justice gathered to honour Mr. M. A. Muid Khan
This is another outstanding achievement of the Bangladeshi Born British Lawyer M. A. Muid Khan, who is also a Barrister at Law of the Honourable Society of Lincoln’s Inn & Chartered Legal Executive Lawyer. In 2012, he became the first British Bangladeshi Lawyer to be recognised as the best human rights lawyer of England & Wales by CLIEX (CILEX Pro-Bono Award 2011). In 2011, he was also recognised jointly by the Bar Council, Law Society and CILEx as the first British-Bengali Best Human Rights Lawyer of England and Wales (MLC Award 2011).
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