OA113832013

The Appellant appeals against a determination of Judge of the First-tier Tribunal Ghaffar promulgated on 24 th July 2014.

The Appellant is a female Sri Lankan citizen born 29 th September 1988 who, in January 2013, applied for entry clearance to the United Kingdom as the spouse of Seevaratnam Sutharsan (the Sponsor) who is settled in the United Kingdom.

The application was refused on 22 nd April 2013, the Respondent not accepting that the Appellant satisfied the financial requirements of Appendix FM of the Immigration Rules. The Respondent contended that the requirements of paragraph 2(b) and (c) of Appendix FM-SE were not satisfied as letters from the Sponsor�s employers did not contain all of the specified information, and bank statements submitted did not show the Sponsor�s salary was paid into the account. It was therefore not accepted that evidence had been provided to prove that the Sponsor earned a minimum of �18,600 per annum.

The application was also refused on the ground that it had not been proved that adequate accommodation was available, and the Respondent considered Article 8 of the 1950 European Convention on Human Rights (the 1950 Convention) but decided that refusal of entry clearance did not breach Article 8.

The appeal was heard by Judge Ghaffar on 8 th July 2014. The judge found that adequate accommodation would be available, but found that the financial requirements of the Immigration Rules were not satisfied and therefore dismissed the appeal. The judge declined to consider Article 8 outside the Immigration Rules.