Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
The Appellant is a citizen of DRC who appeals with permission, against the decision of First-tier Tribunal Judge Phull who dismissed her appeal against the decision of the Respondent refusing her entry clearance as the spouse of Yvon-Bapius Gustave (the Sponsor), a man settled here.
The Entry Clearance Officer originally refused the application on several grounds under the Immigration Rules but the Judge hearing the appeal on 23 rd May 2013 dismissed it on one ground only; namely paragraph 281(ii) as she found that the Appellant had failed to provide an English Language Test Certificate.
The Appellant sought permission to appeal. This was granted and the matter came before me on 7 th August 2013 at Field House.
At the outset of the hearing, Ms Ong conceded that the First-tier Tribunal Judge had fallen into error in dismissing the Appellant�s appeal. She accepted that what had been put forward by the Appellant�s representatives, namely that an applicant from the DRC is exempt from the English language requirement, was correct. Ms Ong advised that there is no test centre in the DRC. As this was the only matter which troubled the First-tier Tribunal Judge, Ms Ong invited me to allow the appeal.
Mr Ogolo not surprisingly had nothing further to add to this. He too invited me to allow the appeal.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.