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The appellant is a national of Uganda. On December 12, 2012 she submitted an application to join the sponsor, Tracy Kavuma (her mother), under paragraph 352D HC 395. The respondent refused her application on February 19, 2013.
On August 11, 2014 a letter before action was sent to the Tribunal threatening judicial review proceedings both in respect of the refusal to adjourn and the re-opening of the earlier hearing. The Tribunal agreed to refix the hearing date for October 8, 2014. On August 15, 2014 the appellant�s solicitors sought an explanation for what they viewed as a �re-opening� of the case and on September 9, 2014 the Regional Adjudicator ruled the case was to stay as listed.
The hearing resumed on October 8, 2014 and following that hearing the FtTJ dismissed the appeal under both the Immigration Rules and Article 8 ECHR in a decision promulgated on October 20, 2014.
The appellant lodged lengthy grounds of appeal on December 8, 2014 and within those grounds she submitted the FtTJ had erred procedurally and by failing to make findings under Article 8.
Judge of the First-tier Tribunal Pooler granted permission to appeal on January 21, 2015 finding it arguable the FtTJ may have erred by obtaining evidence that in the manner he did and that this action may have played a part in his consideration of the other issues.
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