OA068882013

This application for permission to appeal is brought by the above Appellant a citizen of Sri Lanka (date of birth 24.11.1983) against the decision of the First-tier Tribunal (Judge Nicholls) which in a determination promulgated 18 th February 2014 dismissed the Appellant�s appeal against the refusal of the Entry Clearance Officer Chennai to grant him entry clearance as the spouse of Krishnaveni Ketheeshkumar �the Sponsor�.

The Sponsor, who is also a citizen of Sri Lanka, is present in the United Kingdom on account of being a dependant family member of her father who has been granted refugee status.

This appeal has a distinct history and it is necessary to recite it here. The Appellant and the Sponsor married in Sri Lanka in 2010. She subsequently gave birth to their child, in the United Kingdom, on 11 th October 2011.

The Appellant applied for entry clearance on 2 nd July 2012. His application was considered and refused under the provisions of paragraph 281 (the old Rules). The date of refusal is 7 th February 2013.

The Entry Clearance Officer refused the application under the Immigration Rules because the Sponsor, although present in the UK was not settled there, since her Sri Lankan passport showed her to possess discretionary leave only until 6 th June 2015.