IA187312014

The Appellant, Rachel Nyambura Neumunn, was born on 29 June 1965, so that she is now aged 49, and is a citizen of Kenya.

The Sponsor, Mr Danny Neumunn, was born on 1 July 1953, so that he is now aged 61, and is a British citizen. He is the husband of the Appellant.

The Appellant applied for further leave to remain in the UK under Article 8 of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms, which is her qualified right to respect for her private and family life. She appeals against a decision of the Respondent of 8 April 2014, explained in a Refusal Letter of 4 April 2014, refusing her application by reference to the provisions of the Immigration Rules addressing private and family life.

Section 86 of the Nationality, Immigration and Asylum Act 2002 (�the 2002 Act�) provides that I must allow the appeal insofar as I think that the decision against which it is brought was not in accordance with the law (including Immigration Rules) or that a discretion exercised in making the decision should have been exercised differently. I may consider evidence about any matter which I consider relevant to the substance of the decision, including evidence concerning a matter arising after the date of the decision.

The onus of proof in establishing these matters lies upon the Appellant. The standard of proof is that of the balance of probabilities, as it is also for any related human rights issues, save in relation to issues of removal, where it is that of reasonable likelihood or real risk: Box [2002] UKIAT 02212 .