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The Appellant, a national of Bangladesh, date of birth 28 April 1962, appealed against the Respondent�s decision dated 4 September 2012 to refuse entry clearance to join his spouse with reference to paragraph 320(3) of the Immigration Rules HC 395.
The Appellant�s appeal to the First-tier Tribunal was dismissed by First-tier Tribunal Judge Raymond on 29 April 2014. Permission to appeal that decision was given by First-tier Tribunal Judge P J G White on 3 July 2014. The Appellant had the burden of proof of showing upon a balance of probabilities that at the date of the Respondent�s decision he met the requirements of paragraph 281 of the Immigration Rules.
The judge considered these issues and it was accepted that the Appellant is the father of the child currently residing with the Sponsor.
The judge was fairly entitled to conclude that if there was a polygamous marriage as claimed then contrary to what he had said that would not exclude the Appellant from entering the United Kingdom so long as his wife of the first marriage was not within the United Kingdom.
The judge�s error in this respect is not a material error to the overall assessment of the evidence.
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