OA022252013

The Appellant born on 3 rd January 1983 is a citizen of Pakistan. The Appellant had applied for entry clearance to the United Kingdom to join her spouse, the Sponsor, Mr Javed. The Respondent had refused that application and the Appellant had appealed and the appeal was heard by First-tier Tribunal Judge Fox on 6 th December 2013. The judge had dismissed the appeal.

Application for permission to appeal was made and that permission was firstly refused but granted by Upper Tribunal Judge Coker on 26 th February 2014. That was on the basis there appeared some inconsistency in the findings of the judge in respect of the marriage certificate. It was also said the judge may have failed to consider relevant documents produced to him.

The matter came before me on 8 th April 2014 where having heard submissions and reserved my decision I found that an error of law had been made by the First-tier on the basis of matters referred to in paragraph 10 of that decision. Directions were issued that the decision of the First-tier Tribunal should be set aside and remade and reserved to myself in the Upper Tribunal.

There was no cross-examination and submissions consist of discussion on the documentary evidence with relation to the specific issues that required to be considered in this case. At the conclusion I reserved my decision to consider the documents and evidence and I now provide that decision with my reasons.

In this case the burden of proof lies on the Appellant and the standard of proof required for both immigration and human rights issues is a balance of probabilities.