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Although this is an appeal by the Secretary of State I refer to the parties as they were in the First-tier Tribunal.
The Appellant, a national of Somalia, appealed to the First-tier Tribunal against a decision of the Entry Clearance Officer of 18 th September 2014 to refuse her application for entry clearance to the UK as a partner under Appendix FM of the Immigration Rules. First-tier Tribunal Judge Obhi allowed the appeal on human rights grounds. The Secretary of State now appeals to this Tribunal with permission granted by First-tier Tribunal Judge Grant-Hutchison on 19 th September 2017.
The First-tier Tribunal Judge heard oral evidence from the Sponsor and took into account that and the documentary evidence as well as the fact that the couple now have a child born on 10 th January 2017. On the basis of the evidence the judge found that this is a genuine and subsisting marriage. There is no challenge to that conclusion.
The other issue before the judge therefore was the issue of the provision of the necessary TB certificate. The judge took into account the evidence and submissions in relation to this issue and concluded at paragraph 17:-
"There is no evidence that the Appellant has failed to provide information requested by the ECO and if she fails to provide the necessary certificate then she will be denied entry, but that is more to do with the practical arrangements than it is to do with the legal requirements for granting entry clearance".
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