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For the Appellant: Mr M Syed, legal representative, The Taylor Partnership on 17 th August 2015
For the Respondent: Ms S Petterson on17 th August 2015 and by Mr M Diwnycz on 14 th December 2015, Senior Home Office Presenting Officers
The appellant sought, and was granted, permission to appeal a decision of First-tier Tribunal Judge Kelly dismissing an appeal by Ms J against a decision refusing her entry clearance as a 'pre-flight partner of a refugee' under paragraph 352AA of the Immigration Rules. Permission was also granted on the ground that the judge had failed to adequately consider Article 8 and that the judge had failed to adequately consider the application in accordance with paragraph 319O of the immigration Rules.
Ms J, a Zimbabwean citizen studying in Cyprus at the date of the decision, is the unmarried partner of J M, also a Zimbabwean citizen, who is recognised as a refugee in the UK with leave to remain until 19 th September 2017.
(a) GJ, who we shall refer to as Ms J hereafter, had not, as alleged by the SSHD, used deception in a previous entry clearance application. Therefore her appeal against the mandatory refusal under paragraph 320(7B) Immigration Rules was allowed.
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