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For the Appellant: Mr Muhammad, instructed by International Immigration Advisory Services (Levenshulme)
The appellant appeals, with permission granted on a renewed application by Upper Tribunal Judge Canavan, against the decision of First-tier Tribunal Judge J S Law dismissing the appeal under Appendix FM and Paragraph 276ADE.
A second ground of appeal was that the judge's findings were not sufficiently reasoned and this has some merit, particularly when considering the grant of permission to appeal which stated that it was arguable that in finding that the appellant and his partner could continue their family life in Pakistan inadequate consideration was given to the impact that this was likely to have on the appellant's partner, who would be separated from close family members including a minor child in the UK. I return to this ground below.
With respect to the ground that the findings were not sufficiently reasoned, as I pointed out to Ms Johnstone, the judge made a series of recorded facts but his reasoning appears to be confined to one paragraph, that at paragraph 25.
The appellant has sought to remain on the basis that he has now entered into an Islamic marriage and has been in a relationship with Ms Bannister for some four years. The judge does state at paragraph 22 that the respondent had correctly examined the appellant's claims and found that there was a reason to dismiss the appellant's application under the suitability test but he made no attempt to grapple with the question of whether, further to EX.1, there were insurmountable obstacles to family life with that partner continuing outside the UK.
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