The grounds of appeal and grant of permission
10. The grounds put forward by the ECO to the First-tier Tribunal for permission asserted that the judge erred in failing to consider para 352A(iii). It is said that this provision requires the married “relationship” to have “existed” at the point at which the Sponsor left Pakistan and that it also had to have been “subsisting”. 11. In refusing permission, First-tier Tribunal Judge Swaney was of the view that para 352A(iii) did not include a requirement that the marriage be subsisting at the point of the refugee’s departure from their country of former habitual residence . It was said that if such a requirement had been intended, this would have been stated expressly. The Judge noted the absence of any authority suggesting a contrary approach . 12. The renewed grounds of appeal essentially replicate those originally put forward, with the additional argument that para 352A(ii) lends support to the interpretation of sub-para (iii). 13. Permission to appeal was granted by Upper Tribunal Judge Mandalia on 9 August 2019.