OA099922013

This is an appeal with permission by the Secretary of State from the decision of First-tier Tribunal Judge Robinson, who allowed the claimant�s appeal against refusal of entry clearance as a spouse. It was accepted that the claimant could not bring himself within the Article 8 ECHR provisions at Appendix FM and paragraph 276ADE of the Immigration Rules HC 395 (as amended). The First-tier Tribunal allowed the appeal on Article 8 ECHR grounds outside the Rules.

The facts are not in dispute. The claimant is a Somali citizen and his United Kingdom citizen spouse is of Somali origin. She is a recognised refugee and cannot be expected to go and live in Somalia with the claimant. The parties married in Egypt in 2012.

On 30 January 2013, the claimant applied to the Entry Clearance Officer in Cairo, Egypt, for entry clearance to enable him to join the sponsor in the United Kingdom. The sponsor�s income was insufficient to meet the requirements of the Rules and the parties did not have the required savings to make up the shortfall. The application was refused. In the decision under appeal the Secretary of State said as follows:

The claimant does not dispute that that is a fair assessment of his application under the Rules and that he could not meet the Rules.

� 15. Since my wedding took place in 2012 I have visited my husband on two occasions to meet him. The copies of my passport containing entry/exit stamps are included in the bundle 15. I could not stay for longer periods with husband in Cairo due to my employment commitments.