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I must first decide if the impugned decision of the Judge contained an error on a point of law so that it should be set aside.
In response, Mr Khan submitted that there had been no error of law. The Judge had given a detailed judgment in which he had considered all the relevant circumstances, and had properly applied the law. At paragraph 93 of the Determination, the Judge had found practical difficulties amounting to insurmountable obstacles to the Sponsor living with the Appellant in Pakistan. The Judge was entitled to find upon the evidence that there were exceptional circumstances outside of the Immigration Rules.
I found that there was no error of law in the decision of the Judge so that it should be set aside. My reasons for that decision are as follows. The Judge came to a conclusion open to him upon the evidence before him and which he fully explained. The Judge was fully aware of the fact that the Appellant could not satisfy the requirement of the Immigration Rules, hence his decision to take as his starting point the decision in Gulshan . It follows that the Judge attached the appropriate weight to the public interest when later assessing proportionality.
To summarise, I find that there was no error of law in respect of the Judge�s decision relating to Article 8 ECHR.
The making of the decision of the First-tier Tribunal under the Immigration Rules and under Article 8 ECHR did not involve the making of an error on a point of law.
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