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For the Respondent: Mr S Harding of Counsel instructed by Bhogal Partners Solicitors
In this determination the Respondent is referred to as the Claimant and the Appellant is referred to as the Secretary of State.
The Claimant, a national of Iran, date of birth 24 February 1974, appealed against the Respondent�s decision dated 20 June 2013 to refuse an application to settle as a pre-flight family member under paragraph 352A of the Immigration Rules (as amended)(The Rules) and under Article 8 of the ECHR. The appeal came before First-tier Tribunal Judge Amin (The Judge) who on 8 May 2014 allowed the appeal under Article 8 of the ECHR.
Permission to appeal that decision was given by First-tier Tribunal Judge C Andrew on 6 June 2014.
The judge�s analysis of the Article 8 ECHR issues was a matter for him given the Iranian nationality of the Sponsor and the Claimant, the fact that the Sponsor is a refugee, the fact that they may have holidayed in Turkey on more than one occasion really does not show that the Claimant and Sponsor can go and have a family life together in Turkey, as the Secretary of State argued; particularly when both are nationals of Iran and have no entitlement to reside in Turkey.
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