OA150812013

This is an appeal against the determination of First-tier Tribunal Judge Simpson promulgated on 1 st April 2014, following a hearing at Taylor House on 25 th March 2014. In the determination, the judge allowed the appeal of Zamira Vatnikaj. The Respondent subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a female, a citizen of Albania, who was born on 26 th May 1986. She appealed against the decision of the Entry Clearance Officer, dated 21 st June 2013, refusing her leave to enter the UK as the spouse of a person present and settled in the UK, who was also a British citizen, namely, Mr Lazer Vatnikaj.

The grounds of application state that with respect to the Article 8 ECHR, a separate assessment should have been carried out whether there were compelling circumstances, which were not recognised by the Rules, following the judgment in Gulshan [2013] UKUT 640 , and the failure to do so rendered the judgment unsafe.

For her part, Ms Ward relied upon her helpful skeleton argument. In essence, Ms Ward submitted that, although the judge had not in terms referred to Gulshan [2013] UKUT 640 , it was plain that the approach in that case was one that informed the judge in coming to his decision.

This is clear from the fact that, the judge recognises at the outset that the Appellant cannot succeed under the Immigration Rules. He then has regard to factors that are clearly �exceptional� in the sense that there is the birth now of a child who is a British citizen child and of a father who is settled in the UK and has always worked and been able to provide for himself and his family, in circumstances where family life exists and has been unquestioned.