IA008882016

I refer to the parties as "the Secretary of State" who is the appellant in this matter and "the Claimant". This is an error of law hearing at which I consider whether or not there is a material error of law in the decision the First-tier Tribunal (Judge Martins) ("FTT") promulgated on 18 th April 2017 in which the FTT allowed the appeal against a refusal made on 13.5.2015 to vary leave to remain as a spouse in the UK and on human rights grounds.

The claimant is a citizen of Pakistan. He entered the UK as a student in 2011 with leave until 26.11.2013. He married his wife on 18.11.2013. She is a citizen of Tanzania but has ILR in the UK on account of having been a victim of domestic violence. There are no children.

In ground 1 it was contended that the FTT erred by appearing to allow the appeal under paragraph 276ADE(1)(vi) with reference to insurmountable obstacles rather then very significant obstacles to integration. The FTT failed to conduct a balanced consideration of all the factors in particular regarding Pakistan; the spouse speaks Urdu, she has communication with the appellant's parents and there was no evidence of any disapproval.

In ground 2 the Secretary of State argued that the FTT failed to consider if there were compelling circumstances and to take into account the public interest factors under section 117B, under Article 8.

Permission was granted by FTJ Hollingworth who found that there were arguable grounds that the FTT failed to set out sufficient analysis of the degree of weight to be attached to factors relevant to very significant obstacles. The FTT's error in confusing the two tests may have affected the factors in assessing the cumulative weight. In considering Article 8 the FTT failed to look at statutory provisions as to public interest under section 117B.