OA190142013 & OA010552014

This is an appeal by the Secretary of State for the Home Department against the determination of First-tier Tribunal Judge Somal issued on 10 th November 2014 allowing under the Immigration Rules and on human rights grounds the Appellants� appeal against the decision of the Respondent made on 27 th September 2013 to refuse leave to enter the UK as the wife and daughter of a person present and settled in the UK.

Permission to appeal was granted by First-tier Tribunal Judge Denson on 7 th January 2015. Judge Denson said:

The Judge in her determination made findings that the marriage was genuine and subsisting, this was based on the fact that copies of the Sponsor�s passport were produced at the hearing together with an English translation of the marriage certificate and the DNA test results which clearly showed the relationship between the Sponsor and the Appellants and that the findings in the determination that there was a genuine and subsisting relationship are utterly sustainable.

Due to the lack of evidence produced at the hearing as regards to whether or not the Appellants could comply with the relevant Immigration Rules as regards to the maintenance requirements as at the date of the decision I find that there is an arguable error of law and permission to appeal is therefore granted.�

I find therefore that the Appellant does meet the requirements of Appendix FM and FM-SE and I find that the determination does not contain a material error of law in relation to the Immigration Rules.