IA248112015

The Appellant is a citizen of Ghana born in 1968. Her immigration history is that she entered the UK on a visit visa in April 2010 which was later extended to 30 September 2010. She has overstayed since. On 23 January 2015 she made an application for leave to remain on the basis of her relationship with a British citizen, Mr Albert Addo. The application was refused on 19 June 2015. It was stated that she could not satisfy the requirements in paragraph EX.1. of Appendix FM of the Immigration Rules.

Following a hearing at Harmondsworth on 19 May 2016 Judge of the First-tier M B Hussain dismissed the appeal under the Rules. He found no reason to consider the claim on human rights grounds outside the Rules.

He heard oral evidence from the Appellant, Mr Addo and the Appellant's adult daughter. His findings are at paragraph [9ff]. Following what both representatives before me agreed was an unnecessary consideration of whether the marriage was genuine and subsisting, there being no issue on that matter, the judge's brief analysis is at [15ff]. He noted that the Appellant was unlawfully in the UK [15].

'16. Under paragraph EX.1 the appellant has to demonstrate that there are insurmountable obstacles to him and his wife/partner enjoying family life elsewhere than the United Kingdom. Paragraph EX.2. defines what constitutes insurmountable obstacles. In this regard, the only evidence before the Tribunal was set out in paragraph 5 of the appellant's husband's statement which stated

"I am unable to relocate to Ghana because I have been living in the UK for over twenty four years and am in full time employment. I do not have any relatives in Ghana and all my life has been spent in the UK. I came to the UK at the age of 31 years and have spent the majority of my adult life in the UK".