OA024612015

This is an appeal against the determination of First-tier Tribunal Judge Raikes promulgated on 25 th January 2016, following a hearing at Stoke-on-Trent on 12 th January 2015. In the determination, the judge had dismissed the appeal of Amir Sohail, whereupon the Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a citizen of Pakistan who was born on 8 th November 1976. He applied for entry clearance as a partner under EC-P.1.1 of Appendix FM of the Immigration Rules, as the spouse of a person present and settled in the UK, namely, of Ms Shahina Pathan, a British citizen of Indian origin.

The relevant facts and documentary material are set out in the determination under appeal. The legal framework is also set out in the determination by Judge Raikes. He notes that the essence of the Appellant's claim is that he has a genuine and subsisting family life relationship with Ms Shahina Pathan, that he has funds available that meet the financial threshold requirement, and that there are medical problems on the part both of the Appellant and his sponsoring wife, such that he succeeds in his application to be with his wife in the UK.

The judge took into account, as relevant matters, the fact that the Appellant had originally come to the UK as a visitor and had then overstayed and worked illegally before voluntarily returning back to Pakistan. He held that, "I am satisfied that notwithstanding that the Sponsor is the Appellant's wife, and the relationship is genuine and subsisting, she is not the only family the Appellant has and he does have family in Pakistan" (paragraph 31).

At another place, the judge observes that, "I do not consider the Appellant enjoys family life such as to engage Article 8" (paragraph 32). He goes on to explain that,