IA126362015

The Appellant is a citizen of Pakistan (born 29 th January 1987). He appeals with permission against the decision of the First-tier Tribunal (Judge Dickson) dismissing his appeal against the Respondent's decision to refuse him leave to remain in the UK as a victim of domestic violence. The refusal decision is dated 23 rd March 2015.

The Appellant arrived in the United Kingdom on 29 th June 2012 after being given leave to enter as the prospective spouse of Shazad Begum, a British citizen. That leave to enter was effective until 21 st December 2012. On 19 th November 2012 the Appellant submitted an application for further leave to remain as a spouse. That application was granted on 7 th March 2013 with the Appellant having leave to remain until 7 th March 2015.

The Appellant's wife gave birth to their son on 26 th September 2013. The marriage ran into difficulties. On 6 th March 2015 the Appellant applied for indefinite leave to remain in the United Kingdom as the victim of domestic violence. The Respondent refused that application on 23 rd March 2015 and also made a decision that the Appellant should be removed by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006.

The Appellant appealed the Respondent's decision, and the appeal came before Judge Dickson on 14 th July 2015. In a comprehensively set out decision the judge reminded himself that a victim of domestic violence must satisfy paragraphs 289A(i) - (iii) of the Immigration Rules. He also considered whether the Appellant could meet the criteria set out in Appendix FM 276ADC and paragraph EX.1 of the Rules. He also considered whether the Appellant could avail himself of article 8 ECHR.

The judge heard oral evidence from the Appellant, his sister-in-law Mrs Rabina Kauser and Mrs Akhtar a family friend. In addition there were several statements from associates of the Appellant. All statements testified to there being problems within the marriage between the Appellant and his wife.