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This is an appeal by the Entry Clearance Officer against a decision of the First-tier Tribunal (Judge Archer) which allowed the appeal of Mercedita Tabago against the ECO�s refusal to grant her entry clearance as a visitor under para 41 of the Immigration Rules (HC 395 as amended).
For convenience, I will refer to the parties as they appeared before the First-tier Tribunal.
The appellant is a citizen of the Philippines who was born on 1 December 1968. She lives in the Philippines with her 10 year old daughter. She met the sponsor in May 2012 in the Philippines and they began a relationship. Having spent a month in the Philippines before returning to the UK, the sponsor then returned to the Philippines in October 2012 where he remained living with the appellant until 2 February 2013 when again he returned to the UK.
On 29 November 2012, the appellant applied for entry clearance to visit David Norrie, a British citizen. On 19 December 2012, the ECO refused the appellant�s application. The ECO was not satisfied that the appellant was genuinely seeking entry for the limited purpose of a six month visit nor that she intended to leave the UK at the end of her proposed visit and, as a consequence, did not meet the requirements of para 41(i) and (ii). In the decision letter, it is stated that:
�Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002�.
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