IA003672015

The appellant is a citizen of Pakistan, born on 18 March 1989. He entered the UK as a student on 17 August 2012. He married a UK citizen on 2 April 2014. He applied on 17 October 2014 for further leave to remain as a spouse.

The respondent refused his application by letter dated 8 December 2014, because he and his wife did not provide documentary evidence in line with Appendix FM-SA to meet the income requirements of the Immigration Rules; paragraph EX.1 did not apply to his benefit; and there was no basis for a grant of leave outside the Rules.

The appellant appealed to the First-tier Tribunal. By the time of the hearing on 16 April 2015, he and his wife had a child, aged 2 months.

In her determination promulgated on 22 April 2015 Judge J C Grant-Hutchison found that the requirements of Appendix FM-SA had not been met (paragraph 14); that although there was now a child, it was not unreasonable to expect the child to leave the UK with his parents, nor were there insurmountable obstacles to family life continuing outside the UK (paragraph 21); that looking outside the Rules, there was nothing to be added in relation to the best interests of the child, which had already been considered at length, and so the appeal did not succeed outside the Rules either (paragraphs 29-32).

The grounds of appeal to the Upper Tribunal say at paragraph 3 that in relation to the "true best interests of the child, who is a British citizen" he would have a "better and brighter future" in the UK, rather than in "an unknown and unsettled environment", and that the judge failed to take into account of "the implications and true primary interests of the child."