OA017442013

This is an appeal against the determination of First-tier Tribunal Judge V A Osborne, promulgated on 20 th February 2014, following a hearing at Stoke-on-Trent on 6 th February 2014. In the determination, the judge dismissed the appeal of Mr Nazakat Hussain. The Appellant applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male, a citizen of Pakistan, who was born on 5 th June 1984. He appealed against the decision of the Respondent Entry Clearance Officer to refuse his application for entry clearance to join his wife, the Sponsor, Mrs Zulekha Perveen, a person present and settled in the UK.

The Appellant�s claim is that she was not working at the time of her marriage with Mr Nazakat Hussain. After her marriage she remained in Pakistan with him for six months and then returned back to the UK in March 2010. By the time she returned to the UK she was pregnant and her daughter, Aalia, was born on 3 rd July 2010. She then began employment with the Asian Learning Centre in January 2012. She and the Appellant kept in contact on a regular basis through telephone calls.

When the Sponsor went to the Tribunal hearing before Judge V A Osborne, she gave evidence and confirmed the facts relating to her marriage, stating that she first met her husband when she attended a family wedding in Pakistan in 2007, that her husband was her first cousin, and �in accordance with cultural traditions a marriage was arranged between her and the Appellant and the marriage subsequently took place in 2009� (see paragraph 17).

Her employment with the Asian Learning Centre ended when the centre closed down in February 2013. The Sponsor had not worked since January 2013. She was looking for alternative employment, but she had visited her husband in Pakistan, together with their daughter between April and July 2013. There was photographic evidence of the visit (see paragraph 21).