OA200442012

This is an appeal brought by the Secretary of State against the decision of the First-tier Tribunal, allowing the appeal of Hana Taha Issa Taha against the decision of the Entry Clearance Officer Cairo, refusing her entry clearance as the spouse of a British citizen. For ease of reference in this determination we refer to Hana Taha Issa Taha who is a citizen of Sudan, as the Appellant and the Secretary of State as the Respondent.

The Appellant applied to join her husband (the Sponsor) and made that application in May 2012. The Appellant and Sponsor married in 2009 in Sudan and lived together there. They have two sons, Amar born January 2011 and Mohammed born January 2012. Both children are British citizens. Currently Amar is living in the United Kingdom with his father while Mohammed remains in Sudan with his mother.

Whilst the Appellant and her Sponsor were living together in Sudan, Amar started suffering from renal problems. He started passing kidney stones which is very unusual in a child so young. The doctors in Sudan recommended that the child seek treatment in the United Kingdom. Consequently the Sponsor and Amar travelled to the United Kingdom to access the necessary treatment and the Appellant who at this stage was seven months pregnant with her second child, remained in Sudan.

The Sponsor is the principal carer for Amar and presently he is under the care of Great Ormond Street Hospital.

The Appellant subsequently gave birth to the couple�s second child in January 2012 and in May 2012 she applied for entry clearance to join her husband in the UK.