OA089262015

The Secretary of State has been granted permission to appeal against the decision of First-tier Tribunal Judge Martins promulgated on 30 th January 2017 to allow the appeal of the respondent against the refusal of the Entry Clearance Officer to grant her entry clearance as a partner, under Appendix FM of the Immigration Rules.

The applicant is a citizen of Nigeria born on 18 June 1987. She married the sponsor Mr Azubuike-Nna in Nigeria on 18 August 2014. The sponsor gave evidence at the hearing before Judge Martins. He said that he met the applicant on 27 January 2011 whilst on a visit to Nigeria. They kept in contact and began a relationship. Their marriage took place on 18 August 2014 in Nigeria in the presence of family and friends.

"41. I had the opportunity of hearing the appellant and his uncle give evidence which they did in a straightforward and helpful manner and I find them credible. On the evidence before me, I find that the appellant and sponsor are in a genuine and subsisting relationship and intend to live permanently together as husband and wife. There is evidence of their relationship since 2011, evidence of visits the sponsor has made to the appellant, their subsequent marriage, his subsequent support of her financially and in other ways.

In terms of the financial requirements under the Rules, it is clear that the relevant documentation required to be presented with the application were missing and so it is clear that the appellant cannot succeed under the Immigration Rules, as there is no discretion in respect of these requirements.

Having considered all the evidence, I come to the conclusion that on the totality of it, for the reasons given above, the appellant has discharged the burden on her."