OA160512013

This is her appeal against the determination of First-tier Tribunal Judge Cox promulgated on 9.9.14, dismissing his appeal against the decision of the respondent, dated 4.7.13, to refuse entry clearance to the United Kingdom as a partner pursuant to Appendix FM of the Immigration Rules. The Judge heard the appeal on 20.8.14.

The application was made on the basis of the appellant�s marriage to Mr Jasvir Singh on 11.3.10. Mr Singh is an Indian national with indefinite leave to remain in the UK.

Judge Cox went on, nevertheless, from �24 to consider the evidence of the nature of the relationship between the appellant and the sponsor and concluded at �42 that there was no satisfactory evidence that the appellant is in a genuine and subsisting relationship with the sponsor. The judge found that the Rules were not met and that the decision did not infringe article 8 ECHR.

In essence the grounds of application for permission to appeal refer to �19 of the decision, where the judge deals with the question of validity of marriage in the light of the change of the appellant�s name. It is submitted that the judge applied too high a standard of proof and ignored the evidence submitted by the appellant as to the validity of the marriage. A second ground asserts that the judge overlooked evidence demonstrating a genuine relationship.

In granting permission to appeal, Judge Pullig found merit in the grounds as a whole. �I find that the judge�s decision contains an arguable error of law and I grant permission.�