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The appellant in this case is the Entry Clearance Officer, who appeals with the permission of the First-tier Tribunal against the decision of Judge of the First-tier Tribunal Fletcher-Hill to allow the appeal of Mr Kulow, a Somali national born on 26 October 1983, against a decision dated 16 April 2013 refusing Mr Kulow entry clearance in order to join his wife in the UK. The sponsor is Ms Foos Hidigow Hassan, a British citizen born on 1 January 1969. The couple married in Somalia on 10 March 2010 and have a child together: Mohamed Mukhtaar Mohamed, born on 15 August 2011 in London.
It is more convenient to refer to the parties as they were before the First-tier Tribunal. From now on I shall refer to Mr Kulow as �the appellant� and to the Entry Clearance Officer as �the respondent�.
The respondent refused the appellant entry clearance as a partner under Appendix FM of the Immigration Rules on 16 April 2013 following an application made on 18 March 2013. The reasons for refusal can be summarised as follows:
i) The sponsor had failed, as requested, to provide a sponsorship undertaking (S-EC.2.4);
iii) The ECO was not satisfied the couple were in a genuine and subsisting relationship and that they intended to live permanently in the UK (E-ECP.2.6 and 2.10);
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