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For the Respondent/Claimant: Mr S Holiwood, Counsel instructed by Andrew Russell & Co Solicitors
The claimant is a national of Sudan born on 1 st January 1986. On 1 st March 2013 she applied for entry clearance as a family member of an EEA national, namely her husband Mr Mohamed Elfaki. He is a British national.
The application was refused on 30 th April 2013 because her sponsor, as a British citizen, was not exercising treaty rights.
The sponsor himself was originally from the Sudan but obtained British nationality in 1998 on the basis of his marriage to his first wife. Since 2007 he has been working as a chef in a local hotel. He has a daughter by the first marriage but there are no children to the marriage that he has with the claimant.
The claimant sought to appeal against the refusal which appeal came before First-tier Tribunal Judge Farrelly on 8 th May 2014.
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