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appellant comes here as visitor (professional musician): becomes engaged to be married to wife, and they start living together: wife later diagnosed with ovarian cancer
refused, on maintenance grounds, and because �no insurmountable obstacles to family life with that partner continuing outside the UK�: appellant and wife remain in India
appellant reports his wife�s death, but makes it clear he still wants to come here and wind up her affairs
(a) under paragraph 287 (b) of Rules, as husband visa not issued before wife�s death;
The appellant�s case, in a nutshell, is that the failure on the part of the entry clearance officer to give him a visa at any time between his appeal being allowed on 1 March 2010 and his wife�s death on 11 April amounts to a �historic injustice� not catered for by the Rules as they stand, so that amounts to the exceptional circumstances now required for success under article 8, outside the terms of the Rules.
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