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This appeal is subject to an anonymity order made by the First-Tier Tribunal. Neither party invited me to rescind the order and I continue it pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008.
In this document I will refer to the parties in the style in which they appeared before the First-Tier Tribunal.
The appellant is a female citizen of Thailand, born 13 May 1974. The appellant had entered the United Kingdom some years ago with leave to enter and in August 2008 she applied for leave to remain as a dependent spouse which was granted. She then applied for leave under the �10 year rule� this was refused in May 2013 and on 22 August 2014, she sought leave to remain under the �Zambrano Ruling�. The application was refused and she appealed that decision.
The appellant�s appeal came before Judge of the First-Tier Tribunal Obhi sitting at Birmingham in September 2014. Both parties were represented (in the appellant�s case by Mr Haq).
However the judge then (paragraph 23) having noted the appellant had not made a separate application under Article 8 but that such a claim had been raised in the grounds of appeal then, in a very brief paragraph, considered that the appellant succeeded under Appendix FM of the Immigration Rules. The appeal was accordingly allowed.
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