OA147682013

The claimant, Temilade Tejumade Oluwatuyi, date of birth 5.7.77, is a citizen of Nigeria.

This is the appeal of the Secretary of State against the determination of First-tier Tribunal Judge Bruce, who allowed her appeal against the decision of the respondent, dated 19.4.13, to refuse entry clearance to the United Kingdom as a partner, pursuant to Appendix FM of the Immigration Rules. The Judge heard the appeal on 1.4.14.

I note that there is no cross appeal against the First-tier Tribunal�s dismissal of the appeal on immigration grounds. In the circumstances that decision must stand. The respondent appeals against the judge�s decision in relation to human rights.

The application the subject of the present appeal was made on 14.1.13 and refused on 31.5.13 on the basis that her conviction is not spent and thus her application has to be refused under Appendix FM and it was undesirable to grant entry on compassionate grounds, because of her character and conduct. There were also other failures to comply with the requirements of Appendix FM. The Entry Clearance Manager also raised the issue as to whether there was a genuine and subsisting relationship.

Judge Bruce correctly found that the appeal could not succeed under Appendix FM because, as explained at �8 of the determination, the appellant does not meet the suitability requirements of section S-EC, because a period of 10 years had not elapsed since the end of her sentence. In such circumstances, �unless refusal would be contrary to (ECHR and Refugee Convention), it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors.�