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(On 7 th February, 2014) Ms Faryl, of Counsel, instructed by Leigh Bailey Solicitors
The appellant is a citizen of the Philippines, who was born on 25 th June, 1982, and who on 9 th March, 2013 applied to the respondent for her leave to be varied.
The appellant entered the United Kingdom on 22 nd October, 2012, on a family visit visa valid from 10 th October, 2012, to 10 th April, 2013. She had a previous family visit visa valid from 25 th April, 2012 to 25 th October, 2012 and had previously entered the United Kingdom on 27 th April, 2012. She had been in the United Kingdom on earlier occasions. She entered the United Kingdom on 8 th March, 2011 on a visit visa valid for 12 th January, 2011 to 12 th July, 2011 and earlier on another visit visa valid from 3 rd August, 2009 to 3 rd August, 2010.
The appellant appealed to the First-tier Tribunal and her appeal was heard by First-tier Tribunal Judge Thorne who in a determination dated 8 th October, 2013 dismissed the appellant�s appeal under the Immigration Rules and dismissed her human rights appeal.
The judge found that the appellant did not meet the requirements of the Immigration Rules having entered the United Kingdom as a visitor, because of the effect of paragraph E-LTRPT3.1 of Appendix FM. The judge found that she could not satisfy the requirements of paragraph 276ADE because she had not lived in the United Kingdom for twenty years and could not be said to have lost ties to her home country.
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