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The Appellant is a citizen of Bangladesh born in 1984. She appealed against a decision of the Respondent made on 23 December 2012 to refuse her entry clearance as the spouse of Moatahar Hossein.
She appealed stating that she met the requirements of the Rules; she relied on policy guidance which stated that the language requirement does not apply to her as the spouse of a member of the Armed Forces applying under Part 7 of the Rules. Further she is exempt from the requirement as there are exceptional circumstances which would prevent her from being able to meet the requirement prior to entry.
Following a hearing at Taylor House on 10 January 2014 Judge of the First-tier Tribunal Suchak allowed the appeal under the Rules.
He noted the history, which is not in dispute. The Sponsor joined the army in December 2007. At that time he was a Bangladeshi citizen. He is now a dual Bangladeshi and British citizen. He became a British citizen in 2009/2010.
In his conclusions the judge stated (at [16]) �It seems to me that the Respondent ignored the fact that the Sponsor is a dual national and went on to consider the Appellant�s application under Appendix FM�.
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