UI2024000379

              The Secretary of State appeals with permission against the decision of First-tier Tribunal Judge Sweet promulgated on 13 December 2023, in which the Appellant's appeal against the decision to refuse his application for entry clearance on human rights grounds dated 9 February 2023 was allowed. For ease I continue to refer to the parties as they were before the First-tier Tribunal, with Mr Oduwole as the Appellant and the Secretary of State as the Respondent.

              The Appellant is a national of Nigeria, born on 10 September 1983 who made an application for entry clearance to join his spouse (the "Sponsor") in the United Kingdom on 20 October 2022.

              The Respondent refused the application the basis that the Appellant did not meet the requirements of Appendix FM to the Immigration Rules as his spouse only has limited leave to remain in the United Kingdom. The other requirements as to language and finances were met. The Respondent did not consider that there were any exceptional circumstances to warrant a grant of leave to remain outside of the Immigration Rules.

              The Appellant resisted the ground of appeal on the basis that the fertility issues were not a new matter, but were further and better evidence relating to the relationship already relied upon and went only to that same issue.

The making of the decision of the First-tier Tribunal did not involve the making of a material error of law. As such it is not necessary to set aside the decision.