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The Respondent to whom I shall refer as �the Applicant� is a citizen of Algeria born on 23 July 1982. She is married to Maamar Taib who is a British citizen of Algerian descent, born on 26 August 1966. By his previous marriage he has five children. On 5 April 2010 in Algeria he married the Applicant. They have a son born on 1 June 2014.
The Applicant states she continues to live in Algeria because she cares for her aged parents and her husband who is her Sponsor has visited her on a number of occasions.
She previously applied for entry clearance as a visitor which was refused by the Appellant (the ECO) on 1 February 2013. She did not appeal the February decision to refuse her entry clearance but re-applied on 19 September 2013. Her second application was refused on 10 October and on 4 November 2013 through her husband she lodged notice of appeal under Section 82 of the Nationality, Immigration and Asylum Act 2002 as amended (the 2002 Act).
The ECO refused her entry clearance as a visitor because he did not consider the Applicant would be a genuine visitor intending to return to Algeria at the end of her proposed visit as required by paragraphs 41(i) and (ii) of the Immigration Rules.
On 25 June 2013 Section 52 of the Crime and Courts Act 2013 came into force effectively restricting the grounds of appeal against refusal of entry clearance for a family visit to human rights grounds only.
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