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Neither the respondent (hereinafter "the claimant"), nor a representative on her behalf, attended the hearing. I nonetheless decided to proceed as the claimant had been given proper notice and had offered no explanation for her absence.
The claimant is a citizen of Ghana who was born on 2 March 1988. Her partner, also a citizen of Ghana, was born on 10 May 1986. They have two children, born on 17 June 2006 and 5 February 2011, who are also citizens of Ghana.
The claimant first entered the UK on 7 December 2003 on a visit visa which expired on 27 April 2004. Her husband entered in UK in 2004. He was issued an EEA case residence document (Dependent) in 2005 as the dependent of an adoptive father which expired in 2008.
In a decision dated 15 May 2014, the appellant (hereinafter "the Secretary of State") considered whether the claimant satisfied the requirements of Appendix FM and Paragraph 276ADE of the Immigration Rules and concluded that she did not. A decision was made to remove her from the UK under Section 10 of the Immigration and Asylum Act 1999.
The claimant appealed and her appeal was heard by First-tier Tribunal (FtT) Judge Kennedy. In a decision promulgated on 13 March 2015 the FtT found that the claimant satisfied the requirements of paragraph 276ADE(vi) because she did not have ties to Ghana and allowed her appeal. The factual findings of the FtT in support of this conclusion included that:
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