OA108832013

Although the appellant and the respondent are as set out above before me, it will be convenient to refer to them as they were before the First-tier Tribunal Judge so I shall hereafter refer to Mrs Sivakokilan as the appellant and the Entry Clearance Officer as the respondent.

The appellant sought entry clearance to settle in the United Kingdom with her husband, the sponsor, as his wife. As regards the sponsor's ability to maintain the appellant, the respondent noted that he needed a gross income of at least �18,600 per annum. He had provided a letter from Tesco Stores Limited where he worked as a customer assistant, and the respondent had a concern that this letter from Tesco did not confirm his gross annual salary, type and length of employment or the period over which he had been paid the level of salary relied upon in the application.

As regards accommodation, it was considered that the evidence provided was not satisfactory to establish the current occupancy or confirmation that the property was sufficiently spacious to accommodate the appellant and the sponsor within the terms of UK housing legislation.

Consideration was given to Article 8 of the European Convention on Human Rights, and it was concluded, in effect, that its requirements were not met in this case.

The judge considered first the issue of accommodation which I can deal with in short order since her findings in that regard were not the subject of later challenge. She had seen relevant documentation including mortgage documentation, utility bills, an insurance policy and sale particulars of the property when purchased by the sponsor and were satisfied that the accommodation was adequate for the purposes of the Rules.