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This is the Secretary of State�s appeal against the decision of Judge Cox made following a hearing at Bradford on 7 th November 2013.
The claimant is a national of Thailand born on 9 th December 1969. She came to the UK on 22 nd October 2010 with leave as a spouse valid until 6 th January 2013. She made an in time application for indefinite leave but was refused on 8 th May 2013 because she had not provided an English language test certificate.
It was conceded at the hearing that the test certificate had not been produced and accordingly the judge dismissed the appeal under the Rules.
The judge chronicled the history of the relationship between the claimant and her husband, which he found to be subsisting and which is not disputed by the Secretary of State. Accordingly, unsurprisingly, he found that she enjoys family life in the UK with her husband.
The judge cited the claimant's explanation as to why she had not provided an English language certificate and her attempts to take the Cambridge ESOL test which had been cancelled for reasons beyond her control.
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