OA212452012

The appellant appeals against a determination by First-tier Tribunal Judge Scobbie, promulgated on 3 March 2014, dismissing her appeal against refusal of entry clearance as the spouse of a recognised refugee in the UK. It was acknowledged that the case could not succeed under the Immigration Rules, because the marriage was not legally complete until after the sponsor left Afghanistan. The case was argued on the basis of compelling and compassionate circumstances outwith the Rules. The judge did not find that such circumstances existed.

The appellant and sponsor are both Afghan citizens. It is common ground that since the sponsor was granted refugee status, they have completed their marriage and have spent significant periods of time together in Pakistan.

Mrs Saddiq submitted that the judge was entitled to conclude from the evidence that the appellant did live in Pakistan, which was her stated address in her visa application form. The findings were all justified by the information from the appellant and by the sponsor�s evidence. The matter of the address in Pakistan was specifically addressed during the oral evidence and in submissions. There was no error of law, and the determination should stand.

The visa application form at Item 3.1 asks for the applicant�s full residential address and postal code. The appellant supplies an address in Peshawar, Pakistan (although I note it is a �care of� address.) Item 3.2 asks how long she has lived there, to which she replies, �For long time� .

In course of submissions the following matters emerged from the notes of proceedings kept on both sides in the First-tier Tribunal. Neither side suggested that there is any error in those records.