OA055582011

The appellant is a citizen of Somalia who was born on 1 January 1985. On 4 January 2011, she applied for entry clearance to the United Kingdom as the spouse of a refugee under para 352A of the Immigration Rules (HC 395). On 5 January 2011, the Entry Clearance Officer at Addis Ababa refused the appellant�s application on the basis that he was not satisfied: (1) of the appellant�s identity; (2) that the parties� marriage was subsisting and that they intended to live together permanently; and (3) that they had ever lived together as husband and wife.

Following a hearing on 11 January 2012, the Upper Tribunal (DUTJ Bowen) concluded that Judge Murray had erred in law on the basis that permission to appeal had been granted. Judge Bowen�s reasons are set out in his decision of that date which I do not repeat here.

It was accepted by both representatives that the sole issue for me under para 352A was whether the appellant and sponsor were married as they claimed. Mr Richards accepted that if I found in the appellant�s favour on this issue then the appeal should be allowed under para 352A of the Rules.

Mr Bashir Nur also gave oral evidence. He adopted his statement dated 24 May 2011 (at pages 4-5 of the bundle). He confirmed that he was the cousin of the sponsor. He said that he had attended the sponsor�s engagement in 1992. However, he said that he had not attended the wedding but members of his family went there. When he was asked which members of his family, Mr Nur replied that it was his father and �some of my siblings�. When he was further asked how many of his siblings he replied that it was one person and that it was his sister Kaltun.

The burden of proof in this appeal is upon the appellant to establish on a balance of probabilities that she meets the requirements of the Immigration Rules, namely para 352A. The sole issue is whether the appellant has established on a balance of probabilities that she and the sponsor are married as claimed.