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This is an appeal to the Upper Tribunal by the Secretary of State in relation to a Decision of Judge S D Lloyd of the First-tier Tribunal. He heard the case at Birmingham on 18 th December 2017 and in a Decision and Reasons promulgated on 25 th January 2018 allowed the appeal on Human Rights grounds.
For the sake of continuity and clarity in this Judgement I will continue to refer to Mrs [H] as the Appellant and the Secretary of State as the Respondent.
She entered the UK in 2002 as the dependent of her husband who had entered the UK as a student in September 2001. The couple subsequently had two children born in the UK.
The Appellant applied for indefinite leave to remain, on the basis of 10 years lawful residence, on 15th August 2013. That application was refused without a right of appeal. However, following judicial review proceedings the Secretary of State reconsidered the application but maintained the decision on 5th December 2015.
Following judicial review proceedings, the Secretary of State agreed to reconsider the decisions of 15th August 2013 and 5th December 2013 and in a decision dated 10th February 2016 refused the application but this time with a right of appeal.
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