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This is the Appellant's appeal against a decision of the First-tier Tribunal (Judge P.A Grant-Hutchison) promulgated on 13 th November 2014 dismissing the Appellant's appeal under the Immigration Rules and on Article 8 grounds.
The Appellant is a national of Ghana born on 19 th December 1982. On 20 th December 2013 she applied for leave to remain as the spouse of a person present and settled in the United Kingdom, namely Mr Vincent Gyasi (hereafter "the Sponsor").
The application was refused but on appeal the First-tier Tribunal Judge accepted that the Appellant was in a genuine and subsisting relationship with the Sponsor and noted at paragraph 18 of his decision that the Appellant and Sponsor were expecting their first child.
The judge concluded, it being conceded before him that; the Appellant could not meet the requirements of the Immigration Rules; that there were no insurmountable obstacles to family life continuing in Ghana and accordingly, went on to find that the Appellant failed to meet the exception in Appendix FM of the Rules, namely EX.1.(b).
The judge considered Article 8 in brief terms and found that in the absence of compelling circumstances there was no arguable case for granting leave outside of the Immigration Rules on human rights grounds.
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