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For the sake of continuity I will refer to the parties as they were before the First-tier Tribunal but technically the Secretary of State is the appellant in this appeal before the Upper Tribunal.
The appellant is a citizen of Sri Lanka whose date of birth is 10 April 1975. She has two dependent children. She appealed against the respondent's decision to refuse entry clearance as the spouse and dependent children of a person who is present and settled in the UK.
First-tier Tribunal Judge Shepherd allowed the appeal in a decision promulgated on 16 January 2015. The respondent applied for permission to appeal against the decision, which was granted by the First-tier Tribunal on 04 March 2015. The grounds of appeal can be summarised as follows:
(i) The First-tier Tribunal Judge erred in finding that the photograph the appellant admitted she altered was not a false document. The fact that the photograph had been altered to show her with her husband quite clearly showed an intention to deceive the Entry Clearance Officer ("ECO"): AA (Nigeria) v SSHD [2010] EWCA Civ 773 .
(ii) The First-tier Tribunal Judge made inadequate findings relating to the adequacy of accommodation that were not supported by the evidence. There was no evidence from the landlord of the property to confirm that the appellant could live there. There was no evidence to support the First-tier Tribunal Judge's conclusion that there was no reason to suppose that the landlord would object.
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