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The Appellant appeals to the Upper Tribunal against a decision of the First-tier Tribunal (Judge Miller) by which, in a determination promulgated on 27th November 2013, he dismissed his appeal against the Entry Clearance Officer�s decision to refuse him leave to enter the UK as the spouse of a person present and settled in the UK.
The background facts to this appeal are that the Appellant, a citizen of Ghana, came to the UK as a student in September 2003 with leave until 2007. The Sponsor, who was a citizen of the Ivory Coast came to the UK in May 2005 and claimed asylum. Her asylum application was refused but she remained in the UK.
Since 2009 when the Appellant returned to Ghana he has returned once to the UK as a visitor during which time the couple married. The Sponsor and the children have visited Ghana once.
The Appellant sought entry to the UK as a spouse. That application was refused in November 2012 and it is the appeal against that decision that was before the First-tier Tribunal.
The Sponsor had put forward various documents claiming that she had sufficient income to support the Appellant as well as herself and the children but that was found to be without substance or credibility by the First-tier Tribunal. The application was refused by the Entry Clearance Officer on the basis of finance and the Judge similarly found that they could not meet the financial requirements of the Rules.
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