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The Secretary of State appealed against the decision of Judge McGinty of the First-tier Tribunal (the FtT) promulgated on 7 th April 2015.
The Respondent before the Upper Tribunal was the Appellant before the FtT and I will refer to her as the Claimant.
The Claimant is a female citizen of Pakistan born 28 th August 1983 who appealed against the decision to refuse her application for further leave to remain in the United Kingdom, the decision being made by the Secretary of State on 17 th December 2014. The application for leave to remain was based upon the Claimant's marriage to Shoaib Akhtar.
The appeal was heard on 26 th March 2015. The FtT decided that the Claimant and her spouse, who is settled in the United Kingdom, are in a genuine and subsisting relationship, and had entered into a valid marriage. The Claimant's appeal was therefore allowed under Appendix FM of the Immigration Rules.
Permission to appeal was granted and directions were issued that there should be an oral hearing before the Upper Tribunal to ascertain whether the FtT had erred in law such that the decision should be set aside.
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