The judge’s decision
6. Having considered the evidence, the judge made the following findings of fact, none of which are challenged by the ECO : 1) the Claimant married the Sponsor 1996 and that marriage has never been dissolved ; 2) the Sponsor left Pakistan in 2012 and came to the United Kingdom; 3) prior to her departure from Pakistan, the Sponsor had been separated and estranged from the Claimant on account of his domestic violence towards her; 4) the Sponsor was, at the time of the Claimant’s entry clearance application , a recognised refugee in the United Kingdom, the grant of limited leave to remain as such running from 1 January 2016 to 12 September 2021; 5) as at the date of the application , there had been a genuine reconciliation between the Claimant and the Sponsor , and their relationship was subsisting . 7. On the basis of these findings, at [31] the judge concluded that all the criteria under para 352A of the Rules had been met. In particular, she found that the separation and estrangement had no bearing on para 352A(ii) because the marriage had taken place in 1996 - prior to the departure of the Sponsor - and there was nothing in sub-para (ii) which required anything other than that. 8. In light of the satisfaction of the Rule, the judge concluded that the Article 8 claim should succeed. 9. It is to be noted that the Claimant and Sponsor h ave four children together, all of whom reside in the United Kingdom with leave to remain in line with that of their mother. Their presence in this country has played no material part in the Claimant’s case.