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This is an appeal against the determination of First-tier Tribunal Judge Ghani, promulgated on 13 th May 2016, following a hearing at Birmingham Sheldon Court on 7 th April 2016. In the determination, the judge allowed the appeal of the Appellant, whereupon the Respondent Entry Clearance Officer in Islamabad, subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.
The Appellant is a male, a citizen of Pakistan, who was born on 6 th January 1990. He appealed against the decision of the Respondent dated 10 th December 2014, refusing his application for entry clearance to join his British citizen wife as her spouse under Appendix FM of the Immigration Rules. The Appellant's wife's name is Shazia Begum.
The basis of the Respondent's decision is that the Appellant had previously applied for entry clearance as a family visitor in the name of Shabir Ud Din, with a date of birth being given as 11 th October 1992. Fingerprints showed that the Appellant and this person were the same person. These facts were material to the application and the Appellant did not disclose these facts. Therefore, his application stood to be refused under paragraph EC-P.1.1(c) of Appendix FM of the Immigration Rules.
The judge then gave specific consideration to the basis upon which the application had been refused, namely, that he had failed to disclose material facts, namely, that the Appellant had applied in the name of Shabir Ud Din with a date of birth of 11 th October 1992 (see paragraph 15). However, the judge was satisfied that his identity has been substantiated by numerous documents which the Appellant had produced, such as the character certificate from Punjab Police, the family registration certificate, and a letter from the International Hospital there (paragraph 17).
The grounds of application state that the judge erred in allowing the appeal against refusal of entry clearance as a partner under Appendix FM by giving insufficient weight or no weight whatsoever to the fact that the Appellant had previously applied for entry clearance as a visitor using false identity.
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