1) The appellant appeals against a determination by First-tier Tribunal Judge Wallace, promulgated on 6 February 2013, dismissing her appeal against the respondent�s decision to refuse her entry clearance to join her son, who is a refugee in the UK.
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2) The appeal failed under the Rules because the judge thought there was insufficient evidence that adequate accommodation would be available, without overcrowding.� The ground of appeal dispute that issue, and secondly complain that the judge failed to determine the case under Article 8 of the ECHR.�
3) Mr Devlin developed his argument under reference to paragraph 319V(iv) of the Rules; the definitions in paragraph 6 of the Rules; the Housing (Scotland) Act 1987 Part VII, sections 135-137; the Immigration Directorate Instructions of March 2013 Annex F, Chapter 8, 6.3 Guidance on Overcrowding; and the evidence before the First-tier Tribunal, which made a positive finding of credibility regarding the sponsor. It is not necessary to rehearse his analysis in full detail, because Mr Matthews (fairly and correctly) acknowledged that it is accurate.� In brief, Glasgow City Council provided and would continue to provide accommodation complying with statutory requirements, and such accommodation is sufficient not only for the sponsor�s existing household but for the household with the addition of the appellant.� The evidence showed that accommodation would be available which did not involve overcrowding and which did not involve additional recourse to public funds.
4) The decision of the First-tier Tribunal is set aside.� The following decision is substituted: the appeal, as originally brought to the First-tier Tribunal, is allowed under the Immigration Rules. �������
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�4 July 2013
�Judge of the Upper Tribunal