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This is an appeal by the Secretary of State. The case concerns a national of Pakistan (the claimant) who was born on 11 July 1987. He arrived in the United Kingdom with permission as a visitor on 23 August 2013 and thereafter made application for leave to remain as the spouse of a British national, Tahria Khan. The couple had married in Pakistan on 10 June 2012.
Although the respondent was not given a right of appeal on the basis that he had made his application after expiry of leave, the First-tier Tribunal Judge accepted the evidence of the respondent that an in time application had been made. By the time Judge A Parker heard the appeal on 2 September 2014, the British citizen child had been born (2 July 2014).
The judge accepted the Presenting Officer�s argument that as the respondent had entered as a visitor, the partner or parent route was not available and thus considered the case solely under Article 8. He applied the relevant provisions of Part 5A of the Nationality, Immigration and Asylum Act 2002 and concluded that,
(ii) the mother and child do not wish to reside in Pakistan and as British citizens that is an important consideration;
(iii) there was no realistic prospect of a successful settlement application by the respondent under the Rules and
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