OA141542012

The appellant, Annette Mukuza, was born on 13 November 1987 and is a female citizen of Uganda. The appellant had applied for entry clearance to enter the United Kingdom for settlement as the spouse of Richard Mukuza (hereafter referred to as the sponsor). That application was refused by the respondent on 28 June 2012 and the appellant appealed to the First-tier Tribunal (Judge Fox, determining the appeal on the papers) which, in a determination promulgated on 15 May 2013, dismissed the appeal. The appellant now appeals, with permission, to the Upper Tribunal.

At the Upper Tribunal hearing at Bradford on 19 September 2013, the sponsor attended in person. Mrs Brewer, a Home Office Presenting Officer, appeared for the respondent.

Granting permission, Judge Blandy considered it arguable that (i) the judge had failed to give adequate reasons for his determination of the appeal on Article 8 ECHR grounds and; (ii) appeared to have overlooked the exercise of discretion required under paragraph 320 of HC 395.

I was careful to give the sponsor every opportunity to address me on the question of the appeal. I have had regard to the letter which the sponsor wrote following the dismissal of the appeal in the First-tier Tribunal.

The notice of refusal issued by the Entry Clearance Officer indicates that the application was refused under paragraph 281(i) and (iii). Further, the application was dismissed under paragraph 320(11) and (22). Mrs Brewer acknowledged that the judge had failed to indicate in his determination that the paragraph 302 grounds were discretionary. Regarding paragraph 320(11), Judge Fox wrote: