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As the appellant�s appeal under Article 8 was not determined by the First-tier Judge, it is appropriate to remit this appeal to the First-tier Tribunal for a full determination of the Article 8 issues. Counsel said she was not running the English language requirement as a separate issue but would incorporate it as part of the considerations under Article 8.
First-tier Tribunal Judge Thew found at paragraph 21 that there was no dispute that the sponsor was in a position to provide adequate accommodation. At paragraph 35 she was satisfied that the appellant and the sponsor would be able to maintain themselves and their son adequately without recourse to public funds. These findings shall stand.
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