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This is the Appellant�s appeal against the decision of Judge Mensah made following a hearing at Bradford on 30 th June 2014.
The Appellant is a citizen of Pakistan. She applied to join her husband, Ahmed Afzal in the UK but was refused entry clearance on 18 th September 2013. The Entry Clearance Officer was not satisfied that the couple were in a subsisting relationship. No other issues were raised.
The Appellant sought permission to appeal, in essence, on the basis that the judge had failed to take into account material evidence before her. She had provided evidence of eight unsuccessful applications for entry clearance between October 2001 and September 2013, together with 40 pages of photographs and telephone statements and evidence of four lengthy visits by the Sponsor to Pakistan.
Permission to appeal was granted by Judge Davies on 29 th September 2014 on the basis that the judge had not made any reference to the burden and standard of proof.
Mr Mills properly recognised that this determination was entirely flawed and could not stand.
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