OA181222012

For the Appellant: Ms D Qureshi, Counsel instructed by Lincoln�s Chambers Solicitors

This is an appeal brought against the decision of the First-tier Tribunal dated 26 June 2013. That decision rejected the appellant�s appeal against the decision of the Secretary of State dated 23 August 2012. The Secretary of State�s decision rejected the appellant�s application for entry clearance to the United Kingdom to join his spouse with a view to settlement.

The basic facts can be briefly summarised. The appellant was granted a visa as a visitor for 30 March 2004 valid for six months. However, the appellant overstayed the limits in the visa. On an undisclosed date the appellant sought to leave the United Kingdom at his own expense and voluntarily. He was encountered at London Heathrow Airport by the United Kingdom Borders Agency and was issued with a form notifying him that he was a person liable to detention and removal from the United Kingdom.

The appellant�s appeal to the First-tier Tribunal was dismissed. The Tribunal stated at the outset of the determination that it had heard no oral evidence from the sponsor who had been present throughout the hearing. An interpreter had been requested for the hearing but none was available at the time the appeal was called on but the appellant�s solicitor had indicated that he would not be calling the sponsor and was content to proceed upon the basis of submissions only and without an interpreter.

We turn to the second issue concerning income. Two points arise here. First, concerning savings and secondly concerning rent and council tax. As to savings the sponsor put evidence to the Tribunal that she had savings in excess of �7,000 and that this was relevant to her ability to maintain the appellant. At paragraph 17 of the determination the Judge stated as follows: