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"14. However in considering the appeal under Article 8 of the ECHR, I note that there was no issue raised by the respondent that the appellant and sponsor were in a genuine relationship of husband-and-wife. Family life exists between the appellant and the sponsor and the sponsor works in the United Kingdom and is a British citizen and wishes his wife to join him so that they can start a family. The appellant cannot satisfy the requirements of the immigration rules as at the date hereof as she has not produced specified documents.
There is an issue here in that the evidence has been misconstrued by the respondent and the appellant, bar for the submission of specified documents, could have satisfied the rules.
In all in considering the evidence in the round it is considered that the decision is disproportionate."
(1) Will the proposed removal be an interference by a public authority with the exercise of the applicant's right to respect for his private or (as the case may be) family life?
(2) If so, will such interference have consequences of such gravity as potentially to engage the operation of article 8?
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