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This is an appeal by the Appellant a citizen of Pakistan born on 16 August 1983. She appealed against the decision of the Respondent dated 8 October 2012 in refusing her application for entry clearance to come to the United Kingdom as the spouse of a person present and settled here. The relevant Immigration Rules were paragraphs 281(i)(a) and (ii); 281(i); 281(iii) and 281(iv) of HC 395 as amended.
The Appellant�s appeal was heard at Hatton Cross before First-tier Tribunal Judge Wyman who in a determination promulgated on 4 November 2013 dismissed it under the Immigration Rules and under Article 8 of the ECHR.
The First-tier Tribunal Judge having heard and considered the oral evidence of the Sponsor and the documentary evidence before her, found the Sponsor
�to be a credible witness with a genuine intent to support his wife�s application for leave to enter as a spouse. Generally with a few exceptions (that I will discuss below) I found his oral evidence corresponded with the documentary evidence provided.�
The Judge went on to find that she disagreed with the Respondent�s conclusion that he was not satisfied that the Appellant had provided a valid English Language Test certificate and therefore found in favour of the Appellant in terms of paragraph 281(i)(a)(ii).
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