OA129662014

The Appellant a citizen of Sudan born 27 th July 1992 appeals with permission against the decision of a First-tier Tribunal (Judge Hindson) which in a decision promulgated on 16 th July 2015, dismissed her appeal against the Entry Clearance Officer's refusal to grant her entry clearance, under the family reunion rules, as the spouse of Abdel Wahab Ahmed Arbab (the Sponsor).

The Sponsor, who now has refugee status, entered the UK in 2011. He left the Sudan in 2008 travelling to the UK via Libya, Greece, Austria and France. He arrived here in 2011 and was granted limited leave to remain as a refugee, until May 2017.

When refusing the first application, the ECO had before him a Document Verification Report showing that the document submitted as the marriage certificate was a forgery. That evidence was never challenged at the time. It is correct to say that the Appellant did start the process of appealing the first refusal, but then withdrew her appeal. Therefore the Entry Clearance Officer's record that a forged document was presented remains.

The Appellant applied once again for entry clearance. This application, which is the subject of this appeal, was made in August 2014 and was refused on 18 th September 2014 (the second application). The ECO refused the second application because he was not satisfied that the provisions of paragraph 352A of the Immigration Rules were met. In particular he was not satisfied on two counts;

• that the marriage did not take place after the person granted asylum left the country of his former habitual residence in order to seek asylum; and