OA162362013

The appellant is a citizen of Nigeria born on 1 st August 1979 and the husband of Ms Temituokpe Tonweh, a British citizen born on 6 th February 1983, and he applied for entry clearance to come to the United Kingdom for settlement as the spouse of the sponsor.

The application was made on 7 th May 2013 and the respondent refused the appellant�s application on 14 th August 2013.

It was submitted that the sponsor is now pregnant and had provided ample evidence of her visits to the respondent in Nigeria. There was no suggestion that family life did not exist. The fourth question was that there was no issue about the interests of national security public safety, prevention of crime, the protection of health or morals or for the protection of the rights and freedoms of others. With regards to economic wellbeing of the country, the appellant�s sponsor is in gainful employment. It was only a technical point that the Sponsor fell short of meeting the Immigration Rules.

The date for the purposes of my decision on human rights is 14 th August 2013, AS Somalia v ECO Addis Ababa [2009] EWCA Civ 149. It is the circumstances appertaining at that date which should be considered. Appendix FM is specifically designed to incorporate issues under Article 8 and I considered whether there were any facts which had not been addressed, as at that date, by the Secretary of State.

I note that the issue of the genuineness of the relationship was conceded by the Home Office Presenting Officer at the hearing before Judge Aujla. This was not a matter which was taken into account when the decision by the Entry Clearance Officer was made and following Singh v SSHD [2015] EWCA Civ 74 , I consider the matter with all the relevant circumstances, and apply the five stage Razgar test.