OA022602014

For the Appellant: Mr Daniel Sills of Counsel instructed by Garth Coates Solicitors

The appellant is a citizen of Morocco who was born on 7 April 1990. She has been given permission to appeal the determination of First-Tier Tribunal Judge R G Walters (�the FTTJ�) who dismissed her appeal against the respondent�s decision of 15 January 2014 to refuse her entry clearance as the spouse of her husband and sponsor under the provisions of Appendix FM of the Immigration Rules.

The appellant appealed. The FTTJ heard the appeal on 6 August 2014. Both parties were represented, the appellant by Mr Sills who appears before us. The FTTJ heard evidence from the husband.

In her witness statement the appellant said that she believed she had an underlying learning difficulty which had been diagnosed in April 2014 by a psychiatrist in Morocco. The husband�s evidence was that so far as he was aware the appellant had not had treatment for learning difficulties and in any event they could not afford treatment.

The FTTJ concluded that the report from the psychiatrist in Morocco did not establish that the appellant had a medical condition which either prevented her from taking an acceptable English language test or learning English. She had not shown that she was able to bring herself within the exemption to the English language requirements in the Rules. The appeal failed under the Immigration Rules.