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This is the appellant's appeal to the Upper Tribunal, brought with permission, against a decision of the First‑tier Tribunal (Judge Roopnarine‑Davies hereinafter "the judge") promulgated on 10 October 2014, dismissing his appeal against the respondent's decision of 8 May 2013 refusing to grant him entry clearance to come to the UK, for the purposes of settlement, as the spouse of a refugee.
By way of background, the appellant is a national of Somalia, albeit resident in Ethiopia, who was born on 10 January 1979. His sponsor, Mrs Sudi Sharif Ahmad is also a national of Somalia. She arrived in the UK in June 2006 and was granted asylum without the need to appeal. It is claimed that the appellant and sponsor are married to each other and were married to each other prior to the sponsor fleeing Somalia. The appellant applied for entry clearance to join her in the UK, seeking to rely upon paragraph 352A of the Immigration Rules.
Miss Thirumaney submitted that the sponsor was an honest witness as demonstrated by her ability to give the name of the appellant and his date of birth at the time of her asylum claim. The sponsor struck me as an intelligent and educated person. Having considered the evidence as a whole I find that she would have been alert to the possibility at that time that she could claim at a later date for a husband. Her exit from Somalia and entry to the UK had the hallmarks of a well‑planned operation.
Mr Mills addressed me. He urged me to dismiss the appellant's appeal. The judge had not erred in law. In particular, and in response to a concern I raised with him, Mr Mills submitted that it had been open to the judge to conclude that the sponsor might have given dishonest information about her claimed marriage when she came to the UK and claimed asylum (see paragraph 6 of the determination) and whilst what the judge had said about that might amount to a bold finding, it was not an irrational one.
I have, in fact, decided that the judge did not make any error of law and that the determination shall stand. I set out my reasoning below.
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