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For the Respondent: Mr T Melvin, Senior Home Office Presenting Officer (15/10/2023)
             The appellant appeals with permission against the decision of First-tier Tribunal Peer promulgated on 27 April 2022, dismissing her appeal against the decision of the Secretary of State made on 11 April and 18 November 2020 to refuse her leave to remain in the United Kingdom.
             It is accepted that the appellant has a genuine and subsisting spousal relationship with her husband ("the sponsor"), a British citizen and that the application does not fall for refusal on suitability grounds. The appellant and her husband live together in the United Kingdom. They have adult children; they live with one and the other lives close by. The sponsor has numerous health problems including heart failure, a previous heart attack for which he had been fitted with a stent.
             The respondent was not satisfied that there were insurmountable obstacles to private life between the appellant and her husband being enjoyed in Bangladesh and thus paragraph EX.1 of Appendix FM was not met. She was not satisfied either that the appellant fell within the terms of GEN.3.2 of Appendix FM as there were not exceptional circumstances in this case.
             The judge heard evidence from the appellant and the sponsor. She also heard evidence from the appellant's son and daughter as well as her son-in-law. The appellant's granddaughter, Samila, also gave evidence.
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