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The appellant appeals against a decision by First-tier Tribunal Judge Hussain, promulgated on 5 April 2016, dismissing his appeal against refusal of entry clearance to join his wife in the UK for settlement.
The principal ground of appeal to the UT is that the Judge erred by dealing with the case "on the papers", and failing to adjourn for an oral hearing.
The Judge expressed concern at ¶11 - 12 that the sponsor had not requested an oral hearing, and reflected on how useful oral evidence might have been in enabling the Judge to form a view of the nature and quality of a relationship. The ground of appeal founds upon those observations.
The absence of an offer to lead oral evidence from the sponsor was a rational point for the Judge to take, although any request for her to give such evidence would have had to come not from her but from the appellant, whose case it was, accompanied by the fee for an oral hearing.
The evidence which the appellant did place before the tribunal included a letter from the sponsor dated 29 March 2015, which says at the end, "I hope this information is enough." There is and was no witness statement from her expressing a wish to give oral evidence.
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