IA020492014

The appellant, Israr Ahmed, was born on 18 October 1988 and is a male citizen of Pakistan. On 9 December 2013, the respondent refused to vary the appellant�s leave to remain in the United Kingdom and also decided to remove him by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006. The appellant appealed to the First-tier Tribunal (Judge Hindson) which, in a determination promulgated on 27 March 2014, dismissed the appeal. The appellant now appeals, with permission, to the Upper Tribunal.

The judge had entered the United Kingdom on a visit visa and had overstayed. Whilst he had stated to the First-tier Tribunal that he feared returning to Pakistan (he claimed to have been accused of a murder there which he had not committed) that aspect of the appeal was not actively pursued in the Upper Tribunal and, in any event, at [13] the judge had found that the appellant was not at real risk on return to Pakistan, a finding which has not been challenged in this appeal to the Upper Tribunal. At [14], the judge wrote as follows:

The judge went on then to consider Gulshan (Article 8-new rules-correct approach) [2013] UKUT 640 (IAC) in particular, [24]:

Drawing the threads together, and not without some difficulty, we conclude that on the current state of the authorities:

(a) the maintenance requirements of E-LTRP.3.1-3.2 stand, although Blake J in MM (now under appeal) said that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together; he suggested that an appropriate figure may be around �13,400, and highlighted the position of young people and low-wage earners caught by the higher figure in the rules;