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For the Respondent: Mr T Hussain of Counsel instructed by Morgan Dias Immigration
This is the Secretary of State�s appeal against the decision of Judge Smith made following a hearing at Bradford on 24 th July 2014.
The claimant is a citizen of Yemen born on 25 th January 1983. She applied to come to the UK as the spouse of a British citizen but was refused on 22 nd April 2014.
The original refusal, on 6 th October 2013, was on the basis that, whilst the sponsor was exempt from meeting the requirements of paragraph E-ECP.3.1, as he was in receipt of carers allowance, the claimant had to show that there was evidence of suitable accommodation and that she and her sponsor could maintain and accommodate themselves and any dependants adequately in the UK without recourse to public funds, and on the basis that she was not exempt from the English language requirement and had not passed an English language test with a provider approved by UKBA.
After the Entry Clearance Officer�s decision the claimant gave birth to a child who is a British citizen.
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