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Even though this case touches on the welfare of children I see no need to restrain publication of details of the case and I make no order.
This is an appeal by a citizen of Uganda against a decision of the Entry Clearance Officer in Nairobi to refuse him entry clearance to the United Kingdom to settle with his partner and her child in the United Kingdom. The application was refused under the Immigration Rules for two reasons. It was refused with reference to paragraph 320(11) of HC 395 and it was refused under EC-P.1.1(c) of Appendix FM at S-EC2.2(b).
The Entry Clearance Officer decided that the appellant had previously acted in a way to frustrate the intention of the Immigration Rules and that there were aggravating factors.
There is some discretion under rule 320(11). It provides that refusal of entry clearance should normally be refused when the rule is engaged. Save for what is said below about the appellant�s personal circumstances, I see no basis for going behind the finding that the normal consequence should follow here.
The other part of the decision is consequential on the appellant having been to prison for five months. This makes him �unsuitable� within the Rules. It follows therefore that ordinarily the application should have been refused under the Rules as indeed it was.
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