OA113132013

The respondent has been granted permission to appeal the decision of First-tier Tribunal Judge Carroll allowing the appeal of the appellant against the refusal of the ECO to grant her entry clearance to the UK as the spouse of Mr. Nguessan, a British national born in Ivory Coast who is present and settled in the UK. The judge allowed the appeal under Article 8 of the ECHR.

The appellant and the sponsor are the parents of two daughters born in Ivory Coast on 6 February 2007 and 12 March 2009. Both of the appellant�s daughters are British nationals.

The sponsor sought to re-argue this issue because he said that he had provided further documentary evidence to the First-tier Tribunal to support his income. However, he did admit that when the appellant made the application, he was not able to supply all the required documents because some of them were in his locker at home.

On the sponsor�s own evidence it is not arguable that the judge erred in law in her finding that the appellant was unable to satisfy the immigration rules for the reason given by her.

The respondent was granted permission to appeal the judge�s decision under Article 8 of the ECHR. The grounds argued that the judge failed to make any reference whatsoever to current case law and made no findings as to whether there exist exceptional circumstances which would enable the appellant�s application to be considered outside the Immigration Rules. The judge did not identify what unjustified hardship would be caused by the respondent�s decision.