IA269492014 & IA269522014

The appellants are Pakistani citizens and are wife and husband respectively. The second appellant is a dependant of the first. They seek to appeal against the decision of the respondent dated 12 June 2014, refusing to vary their leave to remain in the United Kingdom and to remove by way of directions under Section 47 of the 2006 Act.

The first appellant was issued with a student visa valid from 12 May 2011 until 15 September 2012. She arrived in the United Kingdom on 29 May 2011 with her dependent spouse. On 11 September 2012 she applied to extend her leave as a student and was granted leave from 25 January 2013 to 28 February 2014. On 26 February 2014 the appellant applied for leave to remain outside the Immigration Rules on the basis that to remove her to Pakistan in her present precarious state of health would be to expose her to a life threatening situation such as to engage Article 3 of the ECHR.

The respondent's Reasons for Refusal Letter is dated 12 June 2014 and cites six medical reports dated from 6 December 2012 to 25 February 2014. The medical condition of the first appellant is noted and it is considered by the respondent as can be seen, particularly from paragraphs 7 to 9 of the decision letter, that treatment would be available to the appellant in Pakistan. It was not considered that there was any matter that was exceptional or compelling in her circumstances which would preclude her removal.

The appellant sought to appeal against that decision, which appeal came before First-tier Tribunal Judge Adio on 22 September 2014. The appeal was dismissed both in respect of the Immigration Rules and on human rights grounds.

The appellant sought to appeal against that decision. Permission to do so was granted on 17 November 2014. Thus the matter comes before me in pursuance of that grant.