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Although this is an appeal by the Secretary of State against a decision of the First-tier Tribunal (Judge Archer) allowing Yasir Arafat's appeal, I will for convenience continue to refer to the parties as they appeared before the First-tier Tribunal.
The appellant is a citizen of Pakistan who was born on 9 March 1989. He entered the United Kingdom on 11 February 2011 with entry clearance as a Tier 4 (General) Student. His leave was valid until 30 October 2013. He applied for further leave to remain as a student but that was refused on 18 June 2014 with no right of appeal.
A subsequent application for leave based upon his private and family life was made on 29 August 2014 but was subsequently withdrawn. On 10 February 2015, the appellant made a further application as the spouse of a British citizen. On 24 December 2014, he had married Farhat Kousar, a British citizen.
On 4 March 2015, the Secretary of State refused the appellant's application for further leave based on his private and family life under the Immigration Rules (HC 395 as amended) and also under Article 8. On 9 March 2015, the Secretary of State made a decision to remove the appellant to Pakistan as an overstayer under s.10 of the Immigration and Asylum Act 1999.
The appellant appealed against that decision to the First-tier Tribunal. The appeal was heard by Judge Archer on 15 September 2015.
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