IA199192013

The appellant in this appeal is the Secretary of State for the Home Department to whom I shall refer as the �claimant�.

� While the meaning of �insurmountable obstacles� (to the pursuit of family life in the parties� country of origin) did not directly arise in MG (Nigeria) [2013] EWCA Civ 1192 , which was in any event a deportation case, the Court of Appeal did hear argument on it, and said this at paragraph 49:

�if insurmountable obstacles are literally obstacles which it is impossible to surmount, their scope is very limited indeed. We shall confine ourselves to saying that we incline to the view that, for the reasons stated in detail by the UT in Izuazu at paras 53 to 59, such a stringent approach would be contrary to Article 8.�

The Upper Tribunal may wish to consider the general approach to be taken in non-deportation cases, where this point is in issue, before deciding how it should be applied to the facts of this case. �

First-tier Tribunal Judge Pickup noted that the respondent entered the United Kingdom on 31 st July, 2007 as a work permit holder with leave subsequently extended to 9 th April, 2013. On 12 th February, 2013 she married Mr Guy Emmanuel Foster, a British citizen. She made her application on 14 th April, 2013.