OA090662012 & ors

(Immigration and Asylum Chamber)�������������������������������� Appeal Numbers: OA/09066/2012

1.������ The appellants are citizens of Sri Lanka.� They are a mother and her four daughters.� The first appellant was born on 29 May 1965, the second appellant on 5 September 2005, the third and fourth appellants are twins and their date of birth is 7 November 1997 and the fifth appellant was born on 29 April 1999.� The appellants made an application on 3 February 2012 for entry clearance to the UK as the spouse and children respectively of their sponsor, Mr Kanapathy Subramaniam, a person present and settled in the United Kingdom.

2.������ The Entry Clearance Officer refused their application on 11 April 2012 for the following reason:

(a)���� He was not satisfied that the first appellant had provided an English language test certificate in speaking and listening from an approved test provider and she was not exempt from this requirement.�

(b)���� She had married the sponsor on 1 June 1994 and last saw the sponsor in 1999.� The first appellant had failed to provide evidence of contact with the sponsor.� The only evidence of contact submitted were remittance slips which only dated from 2011 and there was no evidence that funds were received by the first appellant for her upkeep.� The respondent was therefore not satisfied that the first appellant and the sponsor intended to live together as a couple.�