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The appellant appeals against a determination by First-tier Tribunal Judge Scobbie, promulgated on 9 September 2013, dismissing his appeal against refusal of entry clearance as a spouse.
Despite some misgivings regarding the appellant�s apparent previous marriage, Judge Scobbie found on the evidence before him, including the oral evidence from the sponsor, her father and her sister, that the requirements of paragraph 281 were all met.
The judge went on to dismiss the case also under Article 8, taking the fact that the appellant had returned to Pakistan to try to resolve his status as a point in his favour, but finding that he had shown �scant regard� for the Rules and that he and the sponsor had married �in the full knowledge that the appellant had no right to be in the UK. Again this in my view shows contempt for the Immigration Rules of this country.� At paragraph 29, the judge concluded that an effective immigration policy was a consideration rendering refusal of the application proportionate.
It was common ground that the guidance to Entry Clearance Officers still stands in the terms quoted at paragraph 10 of PS . The only example of aggravating circumstances which applies in this case is this:
Previous working in breach of visitor conditions within short time of arrival in the UK (ie premeditated intention to work).
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