OA216242012 & OA216442012

The Appellants appeal against a determination of Judge of the First-tier Tribunal S J Clarke (the judge) promulgated on 3 rd March 2014.

The Appellants are female citizens of Sierra Leone born 16 th January 1973 and 28 th August 2007 respectively. The first Appellant is the mother of the second Appellant.

In June 2012 the Appellants applied for entry clearance to the United Kingdom, the first Appellant applying as the spouse of a British citizen, MK, to whom I shall refer as the Sponsor, and the second Appellant applying as a dependent child.

The applications were refused on 24 th September 2012. In relation to the first Appellant the Respondent referred to paragraph 281(iii) of the Immigration Rules, not being satisfied that the first Appellant and Sponsor intended to live permanently with each other as spouses, and not being satisfied that the marriage is subsisting. The fact that the parties had married was not disputed, but the Respondent was not satisfied that evidence had been provided, to prove that the parties had kept in regular contact since their marriage which took place in Sierra Leone on 5 th April 2012.

In relation to the second Appellant the refusal was made pursuant to paragraph 297(i)(e) of the Immigration Rules, the Respondent not being satisfied that the first Appellant had had sole responsibility for her upbringing. It was noted that the Sponsor is not the biological father of the second Appellant, and the Respondent was not satisfied that the second Appellant�s father had given consent for her to travel to the United Kingdom.