OA022982013

The appellant has been granted permission to appeal the decision of First-tier Tribunal Judge Lambert who, for reasons given in her determination dated 6 January 2014, allowed the appeal under the Immigration Rules by the respondent (whom I shall refer to as the claimant) against the Entry Clearance Officer�s decision dated 25 November 2012. This was to refuse her entry clearance as the partner of Surukh Miah, a British citizen, the parties having married in Sylhet, Bangladesh on 3 April 2011. The claimant is a national of that country where she was born on 6 September 1988.

In respect of accommodation, the judge took account of an accommodation report dated 21 December 2012 in terms that the property in which the sponsor lived had sufficient accommodation for himself and his wife. There was also a Land Registry Office copy showing that the property which is owned by the claimant�s mother-in-law is free of mortgage and on that basis the judge accepted that the requirements in paragraph 281(iv) were met. Thus the judge allowed the appeal under the Immigration Rules.

With appropriate candour Mr McVeety acknowledged that according to the Presenting Officer�s note, the issue of accommodation had been conceded before Judge Lambert and that she had failed to record this in her determination. Although unable to concede the appeal Mr McVeety explained he did not pursue the grounds.

The fact that the Presenting Officer conceded the issue is effectively the end of the Entry Clearance Officer�s appeal in the Upper Tribunal. Even if that concession had not been made, it is unarguable that the judge was entitled to have regard to the accommodation report pursuant to Section 85(A) of the 2002 Act since it related to the accommodation that the claimant referred to in her application when she first made application for entry clearance.

Accordingly the appeal by the Entry Clearance Officer in the Upper Tribunal is dismissed and the decision of First-tier Tribunal Judge Lambert stands.