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The first hearing of this appeal in the Upper Tribunal on 11 th December 2014 (when the appellant was not represented) I heard submissions in relation to the claimed error of law in the decision of the First-tier Tribunal. I made the following decision setting out the background to the appeal:
�2. On 24 th October 2014 Judge of the First-tier Tribunal Wellesley-Cole gave permission to the respondent to appeal against the decision of Judge of the First-tier Tribunal Juss in which he allowed the appeal against the decision of the respondent to refuse to vary the appellant�s leave to enter applying the provisions of paragraph 276ADE of the Immigration Rules and under Article 8 of the Human Rights Convention.
Although Judge Wellesley-Cole note that the judge had found there4 were exceptional circumstances, citing Huang [2007] UKHL 11 , she thought the judge had not elaborated the reasons for finding that to be the case.
Ms Johnstone submitted that the respondent continued to rely upon the grounds. She expressed the view that, from paragraph 12 onwards, the determination showed errors in failing to give reasons for the inability of the appellant�s husband to go to Tunisia or to explain what made the case exceptional. The only reason given was that that the husband had indicated that he was not prepared to go to Tunisia.
The appellant did not make any oral submissions although it was clear that she relied upon those set out in the response.
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