||All England Reporter
|| All ER (D) 42 (Oct)
||Ademola Aderemi (instructed by Tayo Arowojolu) for the claimant.
||Julie Anderson (instructed by the Treasury Solicitor) for the respondent.
||3 October 2002
Immigration - Leave to enter - Right to live in United Kingdom with spouse - Claimant a Nigerian citizen, marrying another Nigerian citizen domiciled in the United Kingdom - Claimant refused leave to enter - Claimant appealing - Special adjudicator concluding wife having no intention to permanently live with claimant in Nigeria - Adjudicator dismissing appeal - Immigration Appeal Tribunal refusing leave to appeal - Whether adjudicator and tribunal misinterpreting Immigration Rules - Immigrations Rules, r 28(iii).
On its true construction, r28(iii) of the Immigration Rules was only intended to cover the situation where an applicant was intending to live permanently with their partner within the United Kingdom, and was not concerned with whether they intended to live together permanently outside the UK. Moreover, r28(iii) could not be separated from the remaining requirements of the rule to simply consider whether the parties intended to live permanently with each other. The fact that they were not willing to live elsewhere was not determinative of that issue.
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