OA036332014

The Appellant, who was born on 21 st November 1993, is a national of Albania. She married her sponsor on 25 th April 2013. He was born in Albania on 18 th October 1980. She applied for entry clearance and settlement as his partner on 8 th November 2013.

The Appellant appealed against this decision and her appeal was heard by First-tier Tribunal Judge Braybrook on 18 th March 2015. In her determination and reasons, promulgated on 30 th March 2015, the Judge found that the Appellant's marriage was genuine and subsisting and that she was able to meet the financial requirements of the Immigration Rules.

In a statutory declaration the sponsor had admitted that he had been born in Albania but had said that he was from Kosovo when he arrived in the United Kingdom, as a child, in 1997 and had not revealed his true nationality when applying for indefinite leave to remain and then British citizenship.

At the hearing the Judge accepted that paragraph S-EC.2.2 had to be read in the context of paragraph S-EC.2.1, which states that an "applicant will normally be refused on grounds of suitability if any of paragraphs S-EC.2.2 to 2.5 apply". Therefore, a refusal under S-EC.2.2 was not mandatory.

The Respondent's grounds of appeal against this decision referred to there being a decision under paragraph 320(7A) of the Immigration Rules when the decision had been taken under paragraph S-EC2.2. of Appendix FM to the Immigration Rules. Reliance was also placed on KB (paragraph: 320(7A): "false representations") Albania [2009] UKAIT 00043 . It was also asserted that the Judge's decision was not clear.