VA123132013

The Entry Clearance Officer appeals against a decision of the First-tier Tribunal (Judge Kempton) allowing Manlika Allen�s appeal against the ECO�s decision taken on 20 May 2013 to refuse her entry clearance as a visitor under para 41 of the Immigration Rules (HC 395 as amended).

For convenience, I will refer to the parties as they appeared before the First-tier Tribunal.

The appellant is a citizen of Thailand who was born on 7 June 1991. In 2008 the appellant met David Allen, a British citizen who was visiting Thailand. A relationship was established between the appellant and Mr Allen. On 24 May 2011, their daughter, Sophie was born in Thailand. She is a British citizen. In May 2013 they underwent a traditional Thai marriage.

The appellant and Mr Allen have a house in Thailand which was paid for by Mr Allen. Mr Allen financially supports the appellant and his daughter in Thailand. He has made over 20 trips to Thailand to visit his wife and (since her birth) their daughter.

On 28 December 2011, the appellant made an application for entry clearance to visit Mr Allen in the UK. That application was refused because, as I understand it, the ECO was not satisfied that the appellant met the requirements of para 41. In making that application, the appellant stated that she had no criminal convictions when in fact, she had a conviction in Thailand in 2009 for driving a motor scooter whilst under the influence of alcohol. But, as I say, that application was not refused on the basis of a failure to disclose that conviction.