OA004582015

The Respondent, Tran Mach, Thi Doan to whom I shall refer as "the Applicant", is a citizen of Vietnam born on 6 January 1963. She has two children (both adult at the date of the application leading to the decision under appeal) by her first marriage which ended in divorce by consent registered in the courts of Vietnam on 31 December 2004.

On 12 th September 2014 in the United Kingdom she married her Sponsor Stephen Brisco, a British citizen born on 5 January 1959.

The Applicant's passport shows she arrived in the United Kingdom as a visitor on 3 June 2013 and 26 March 2014 and on 2 August 2014 as a visitor for the purposes of marriage. Subsequently, she returned to Vietnam.

She applied for entry clearance as the wife of the Sponsor a person present and settled in the United Kingdom. On 30 December 2014 the Appellant (the ECO), refused her application on grounds that she through her Sponsor who is her husband did not meet the financial requirements of Appendix FM and had failed to supply all the specified documents to meet the evidential requirements of Appendix FM-SE of the Immigration Rules.

The ECO also noted that there was no documentary evidence to corroborate the Applicant's claim that she spent time together with her husband in Vietnam because he had not provided evidence to show he had travelled to see her in Vietnam. His previous wife was deceased. This all led the ECO to conclude there was no genuine and subsisting relationship between the Applicant and her husband.