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The appellant is a citizen of Nigeria born on 20 August 2010. She appealed against the decision of the respondent dated 13 June 2013 refusing her leave to enter the United Kingdom pursuant to paragraph 310 of HC395 (as amended). Her appeal was heard by Judge of the First-tier Tribunal Carroll and was dismissed in a determination promulgated on 27 May 2014.
The appellant�s representative submitted that the First-tier Tribunal Judge should not have considered Rule 309B. There is no mention of it in the refusal letter of the Entry Clearance Officer.
I referred him to paragraph 7 of the determination. This states �The sponsor must obtain and provide a certificate of eligibility in order to meet the requirements of paragraph 310 of HC395�. He submitted that as Rule 310 was accepted as having been satisfied this issue should not have been considered.
I asked the representative if looking at this case holistically, he accepts that if there is a certificate of eligibility the claim will succeed under the Immigration Rules and he said he accepts that is the case.
He submitted that the Entry Clearance Officer relied on the certificate of abandonment. I pointed out to him that this has been provided. He submitted that this therefore makes it clear that Rule 309 was considered by the Entry Clearance Officer and was found to have been satisfied.
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