UI2024001927

       The Appellant is an Indian national born on 16 October 1987, who appeals the Respondent's decision of 7 February 2023 ("the refusal letter"), refusing her application for leave to enter as the partner of Mr Sandip Singh Jawanda ("the sponsor"), who is a British citizen.

       In the refusal letter, the Respondent accepted that the relationship, financial and English language requirements of the Partner Route were met, but asserted that, because of the Appellant's immigration history, her application fell for refusal with reference to paragraph 9.8.2 of Part 9 of the Immigration Rules and also with reference to S-EC.1.5 of Appendix FM.

       The matter came before us for resumed hearing on 19 February 2025. The only further evidence served was a three-page statement from the sponsor, running to 12 paragraphs. Both parties said they were ready to proceed and did not seek an adjournment. We heard oral evidence from the sponsor, submissions from both parties, and our decision was reserved.

       We have considered all of the evidence in the round. We refer to the evidence where necessary in relation to the issues in dispute, but we do not refer to each and every piece of evidence, even though all of the evidence has been taken into account.

       In deciding whether the refusal breaches the Appellant's right to respect for her family life under Article 8 ECHR, we adopt the structure proposed by the Senior President of Tribunals in TZ (Pakistan) and PG (India) v SSHD [2018] EWCA Civ 1109 at paragraphs 22 and 34.