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The appellant is a citizen of Gambia, born on 15 May 1957. By application dated 13 May 2014 she sought a long term (5 year) family visitor visa. Her main address and contact details in the UK were through her daughter, a UK citizen living in Edinburgh. The applicant is the headmistress of a primary school. The purpose of her visit was "spending time with my children, I see them once every year."
As advised in the notice of decision, the only relevant ground of appeal in this case is ".... that the decision is unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to the Human Rights Convention) as being incompatible with the appellant's Convention rights" (section 84(1)(c) of the 2002 Act).
Thus, even if the appellant were to show that her case was a good one by the terms of the Immigration Rules, she would still have to satisfy human rights grounds in order to succeed.
'The appellant's daughter and sponsor ... is a British citizen and resides in the UK ... It is plausible that her ... mother is able to visit her provided she provides all the required documents ... and doesn't exceed the time limit ...
The appellant has other children that reside legally in the UK and she has come to visit them consecutively year after year from 2009 except the past 2 years ... she has never overstayed her visa ...
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