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The appellant is a citizen of Kosovo. He appeals against a determination by First-tier Tribunal Judge Watters, dismissing his appeal against refusal of entry clearance as a spouse. His wife is originally from Kosovo but now a British citizen, as are the two children of the marriage. The appellant conceded that he could not meet the financial requirements of the Immigration Rules. The judge found no good reason to look beyond the requirements of the Rules.
� left out of account that these British children cannot be denied the benefits of their citizenship of the European Union and � there were the same obstacles to family life continuing outwith the UK that are identified at paragraphs 106-113 of Ogundimu [2013] UKUT 60 .
The appellant�s �bundle 2� in the First-tier Tribunal comprised copies of nine cases dealing with the interaction of the Immigration Rules and Article 8 of the ECHR. It does not appear that the judge�s attention was drawn to any particular case or passage. Ogundimu is not one of the nine cases.
Mr MacKay opened his submission by producing a copy of Ogundimu and referring to paragraphs 106 to 113:
We finally, therefore, turn to the requirements of paragraph 399(b)(ii) of the rule; whether there are insurmountable obstacles to family life with JD continuing outside the United Kingdom.
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