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The appellant is a citizen of Bangladesh, born on 28 July 1977. He has been given permission to appeal against the decision of First-tier Tribunal Judge Khan dismissing his appeal against the respondent's decision to refuse his human rights claim.
The appellant appealed against that decision. His appeal was heard on 9 November 2018 by First-tier Tribunal Judge M A Khan. The judge heard from the appellant and his wife. He concluded that there were no insurmountable obstacles to family life continuing in Bangladesh and that the appellant could not succeed within or outside the immigration rules. He dismissed the appeal on Article 8 grounds.
The appellant sought permission to appeal the decision to the Upper Tribunal, on the grounds that the judge had failed to apply the EX.1 test and had not considered the appellant's family life and that he had confused the rules and the Article 8.
Permission was granted and the case came before Deputy Upper Tribunal Judge Chana who upheld the decision. However Judge Chana's decision was subsequently set aside by the Court of Appeal on the basis of procedural irregularity as she had mixed up different files in making her decision, referring to the wrong judges who had made the initial decision and granted permission.
The case was then remitted to the Upper Tribunal and came before me to revisit the decision of First-tier Tribunal Judge Khan and the grounds challenging his decision.
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