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The respondent is a citizen of Macedonia and his date of birth is 4 December 1979. I shall refer to the respondent as the appellant as he was before the First-tier Tribunal.
The appellant made an application for entry clearance on 19 November 2012 in order to join his British citizen spouse, Catherine Graham. The application was refused for a number of reasons on 25 July 2013. The decision was maintained by an Entry Clearance Officer on 18 February 2014. The appellant appeals against the decision and his appeal was allowed by Judge of the First-tier Tribunal C Newberry in a decision that was promulgated on 19 January 2015 following a hearing on 8 September 2014. Permission to appeal was granted by First-tier Tribunal Judge Parkes in a decision of 10 March 2015.
The application was refused by the Entry Clearance Officer pursuant to S-EC.2.2(b) of Appendix FM of the Immigration Rules. This reads as follows:-
(b) there has been a failure to disclose material facts in relation to the application."
The substance of the decision was that according to the Entry Clearance Officer in the appellant's application form at Q55 he was asked whether he had ever been deported, refused or otherwise required to leave any country including the United Kingdom in the last ten years, to which he answered "no". Thus, he failed to mention that he had been removed from the UK in 2005.
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