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The amended sections of the Nationality, Immigration and Asylum Act 2014 and in particular section 117B states that little weight should be given to a relationship formed when the partner is in this country unlawfully. Therefore, regard must be had to her married state which however is not determinative. The appellant has not discharged the burden of proof pursuant to the Immigration Rules.
In respect of Article 8, it is not considered that the situation is so harsh in Pakistan that she cannot return to that country on her own. The appellant has attempted to embellish her claim by claiming that there is animosity with her family and they attacked her in Pakistan. The appellant has embellished her situation for her own purposes. As regards her situation in this country, the appellant is married but she does not have a close attachment and relationship with her stepchildren that would cause them notable upset and distress should she return to Pakistan to make a fresh application.
In respect of her private life, section 276 ADE of the Immigration Rules apply to her, in particular if she can establish there are very significant obstacles to her reintegrating into Pakistani society.
The public interest is set out in sections 117B of the 2014 Act has also been taken into consideration. The appellant's claim is rejected on the basis of her family life in this country. The appellant's private life has been created when she has been in this country unlawfully and therefore in accordance with section 117B, little weight can be attached to its elements.
The grounds of appeal state the following which I summarise. The Judge has not taken into account the Article 8 rights of the appellant's spouse who is a British citizen. The spouse has children and strong ties to the United Kingdom. This should have demonstrated that there are some notable obstacles to family life continuing outside the United Kingdom. The Judge in reaching contrary finding is not supported by the evidence and lacks proper reasoning on this material issue.
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