Case No. UKUT-00394-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00394-(IAC)

Fecha: 26-Sep-2019

Background

4. This is a n appeal by the ECO against the decision of First-tier Tribunal Judge Gribble (“the judge”), promulgated on 31 May 2019, in which she allowed the Claimant’s appeal against the ECO ’s decision of 4 June 2018, refusing to issue him with entry clearance as the spouse of a refugee recognised in the United Kingdom (“the Sponsor”), pursuant to para 352A of the Rules. 5. The entry clearance application (deemed to constitute a human rights claim) was made on 8 March 2018 and refused on three bases. First, it was not accepted that the Claimant was in fact the husband of the Sponsor. Second, it was noted that the Sponsor, having arrived in the United Kingdom in 2014, made a protection claim which she asserted that the Claimant had assaulted her and, as result, they had separated prior to her departure from Pakistan. The ECO was therefore not satisfied that the marriage was subsisting. Third, the ECO concluded that there were no exceptional circumstances in the case.