IA186422013

The Appellant born on 28 th August 1989 is a citizen of Pakistan. The Appellant who was present was represented by Mr Holt of Counsel. The Respondent was represented by Mr McVeety, a Home Office Presenting Officer.

The Appellant had entered the United Kingdom on 24 th August 2010 as a student and continued in that capacity until 15 th May 2013. His leave to remain was curtailed on 22 nd February 2013 with effect from 22 nd April 2013 as the college licence was revoked. On 14 th March 2013 the Appellant then applied for leave to remain outside of the Immigration Rules as a fianc�. The application was refused by the Home Office on 16 th May 2013.

The Appellant appealed that decision and his appeal was heard by First-tier Tribunal Judge Hague sitting at Manchester on 19 th February 2014. The judge dismissed the Appellant�s appeal under both the Immigration Rules and under the Human Rights Act.

Lengthy Grounds of Appeal for application for permission to appeal was submitted. Permission to appeal was granted by Designated Judge Lewis on 26 th March 2014. The Respondent opposed such application by a letter dated 2 nd April 2014. Directions were issued and the matter comes before me in accordance with those directions.

Mr Holt of Counsel referred me to the grounds for application to appeal. In summary of his submissions and those grounds it was submitted that the judge had looked wrongly or speculatively at features of the evidence and presentation of the case that had led him to conclude that there would be no insurmountable obstacles in the Appellant�s wife relocating with him to Pakistan and therefore that finding was significantly flawed by the manner in which the judge had reached that conclusion.