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The appellant appeals with leave against the determination of First-tier Tribunal Judge Malone in which he dismissed the appellant�s appeal against the decision of the respondent to refuse her entry clearance to settle in the UK as the spouse of Mohammad Aziz Qureshi, a British citizen, present and settled in the UK. The appellant�s application was refused on 29 November 2012.
The judge heard oral evidence from the appellant�s sponsor Mr Qureshi. He also considered the appellant�s bundle numbering 180 pages.
The appellant�s application was refused by the respondent under paragraph 281 because the respondent was not satisfied that she had demonstrated that her marriage to Mr Qureshi was genuine and subsisting, that they intended to live together permanently as man and wife and that they could maintain and accommodate themselves adequately in the UK in accordance with the Immigration Rules.
The judge accepted that the appellant had met the maintenance and accommodation requirements of the immigration rules.
The judge stated at paragraph 18 that having carefully analysed the scant evidence, he came to the conclusion that the appellant had failed to discharge the burden of demonstrating that, as at the date of decision, her marriage to Mr Qureshi was genuine and subsisting and that they intended to live together permanently as man and wife.
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