OA105252013

The Respondent is a national of Pakistan date of birth 1 st January 1976. On the 22 nd January 2014 the First-tier Tribunal (Judge Crawford) allowed her appeal against a refusal to grant her entry clearance as the spouse of a person present and settled in the UK.

The determination goes on to consider Article 8. It is found that the Respondent and her young son are the only members of this family of six people who are not living in the UK. The sponsor and his three eldest sons are all here. The child who is living with his mother is a British citizen and cannot be excluded from the country. Judge Crawford finds this situation to be an interference with the Respondent�s right to family life that cannot be justified. He allows the appeal under Article 8.

The grounds of appeal are that Judge Crawford failed to mention Gulshan [2013] UKUT 640 (IAC) or Nagre [2013] EWHC 720 (Admin) in his determination. It is submitted on behalf of the Entry Clearance Officer that an Article 8 assessment shall only be carried out when there are compelling circumstances not recognized by the Rules. It is further submitted that Gulshan states that an appeal should only be allowed where there are exceptional circumstances.

I do not consider that Judge Crawford erred in proceeding to consider Article 8 because there was a good arguable case for him to have done so. The finding that this interference was a disproportionate lack of respect for the Appellant�s family life was one that was open to him on the evidence before the Tribunal.

The decision of the First-tier Tribunal does not contain errors of law such that the decision should be set aside. It is upheld.