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The Appellant applied for entry to the UK as the spouse of the Sponsor, a Somalian national with ILR. The application was refused as the ECO was not satisfied that the divorce certificate relied on was a genuine document and on other grounds too. The Appellant appealed to the First-tier Tribunal, the appeal was heard by Judge Hawden-Beale on the 13 th of March 2014 in Birmingham.
The appeal was dismissed in a determination promulgated on the 21 st of March 2014. In relation to the divorce certificate that had been submitted the approach taken was set out in paragraph 14 of the determination under section 108 of the Nationality, Immigration and Asylum Act 2002. The Judge decided that it was not in the public interest to reveal what checks had confirmed that the document was not genuine, she also stated that she appreciated the difficult position that this placed the Appellant and Sponsor in their inability to rebut what was said about the document.
The findings in respect of the divorce are set out in paragraphs 21 to 23 of the determination. In paragraph 23 the Judge indicated that having granted the application under section 108 the contents of the report could not be revealed and that without the document verification report there would still have been significant concerns about its reliability.
Permission was granted by First-tier Tribunal Judge Bird on the 15 th of May 2014. In the determination Judge Bird stated that in paragraph 14 the Judge had not explained why revealing the checks would not be in the public interest, it was arguable that the proper procedure had not been followed.
I read the papers before the hearing in the Upper Tribunal and then heard submissions from Mr Smart in the absence of the Appellant and his representatives. That part of the hearing consisted of my informing Mr Smart that having read the document verification report I could see why the Judge found that the report could not be disclosed and why very little could be said about the reasons why as that would reveal information contrary to the public interest. This was repeated to Mr Dhangi in open court.
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