OA001452013

This is an appeal against the decision of the First-tier Tribunal promulgated on 14 November 2013 whereby the Entry Clearance Officer�s refusal to grant entry clearance to Mrs Abubeker to settle as the spouse of the sponsor, Mr Yassin Idris was upheld. The application was refused under paragraph 352A of HC 395 as amended.

The appellant is a national of Eritrea. Her case is that she married Mr Idris in Eritrea on 1 August 2003. She was then aged 14 and the sponsor was aged 18. The sponsor left Eritrea in July 2006 and did not regain contact with the appellant on their case until 2007 by which time he was in the United Kingdom. He was granted some sort of refugee status in 2007 but not indefinite leave to remain until January 2013. The parties have claimed that there was subsequent contact by e-mail, telephone and Skype.

On appeal the First-tier Tribunal heard evidence from the sponsor and received a witness statement from the appellant. We will focus on the matters in issue but return to them when analysing the grounds of appeal which have been advanced.

The sponsor was cross-examined on the basis that the dowry was not mentioned in the marriage certificate. He had given the appellant�s family the equivalent of �4,000 so that items of jewellery could be fashioned out of gold. His explanation for the absence of reference to the amount of money in the marriage certificate was that dowries are part of Eritrean tradition.

The sponsor also confirmed in evidence that at his asylum screening interview in 2008 he had mentioned the existence of his wife. As for contact between the parties the sponsor stated that this had taken place by phone and e-mail but that they were now using Skype. It appears from the appellant�s witness statement that the use of Skype started in 2013.