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I find that the judge's analysis cannot stand and that the questions of the appellant's obtaining of an English language certificate and also the genuineness of his marriage (subject to what appears to be a concession by the respondent in May 2017) will have to be looked at again. Having determined the genuineness or otherwise of the marriage, the Tribunal will need to examine the appellant's relationship, if any, with the sponsor's British child and to consider both the application of the relevant Immigration Rules and also any relevant case law.
The decision of the First-tier Tribunal promulgated on 22 August 2016 is set aside. The appeal will be returned to the First-tier Tribunal (not Judge Callender Smith) for that Tribunal to remake the decision.
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