OA042982014

The Appellant is a national of Syria date of birth 28 th March 1997. She appeals with permission [1] the decision of the First-tier Tribunal (Judge MR Oliver) to dismiss her appeal against the Respondent�s decision to refuse to grant her entry clearance as the pre-flight spouse of a refugee.

The Appellant made her application for entry clearance under paragraph 352A of the Immigration Rules. In the refusal dated 13 th March 2014 the Respondent took no issue with her ability to meet the requirements of that rule. The sole ground for refusal was the Appellant�s age: at that time she was only 16 years old and so the application fell for refusal under paragraph 277 of the Rules:

Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another if either the applicant or the sponsor will be aged under 18 on the date of arrival in the United Kingdom or (as the case may be) on the date on which the leave to remain or variation of leave would be granted. In these rules the term "sponsor" includes "partner" as defined in GEN 1.2 of Appendix FM.

In respect of Article 8 the Respondent found there to be no satisfactory evidence that the Appellant shared a family life with her husband; even if there was an interference it was deemed to be proportionate.

The Appellant accepts that she cannot succeed under the Rules. The grounds of appeal are that the First-tier Tribunal erred in the following respects when considering Article 8: