OA033632013

This is his appeal against the determination of First-tier Tribunal Judge Nixon promulgated 12.3.14, dismissing his appeal against the decision of the respondent, dated 21.12.12, to refuse his application made on 26.6.12 for entry clearance to the United Kingdom as a spouse, pursuant to paragraph 281 of the Immigration Rules. The Judge heard the appeal on 7.3.14.

First-tier Tribunal Judge Woodcraft refused permission to appeal on 2.5.14. However, when the application was renewed to the Upper Tribunal, Upper Tribunal Judge Freeman granted permission to appeal on 29.7.14.

The relevant background to the appeal can be briefly summarised as follows. The application made in June 2012 was based on the appellant�s marriage in Pakistan on 10.6.10 to Shazia Khan, a British citizen now present in the UK. The appellant and the sponsor are related outside of marriage as cousins. They last saw each other in November 2011.

It is relevant to note that two previous applications had been refused and appeals dismissed, in 2007 and 2011, in which false representations had been made.

Judge Nixon concluded that the appellant had failed to demonstrate on the balance of probabilities that adequate accommodation was available and thus the appeal failed under the Immigration Rules. Judge Nixon went on to consider the appellant�s and the sponsor�s circumstances, including their young child, under article 8 ECHR, following the Razgar steps, but concluding that the decision was entirely proportionate.