Case No. UKUT-00129-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00129-(IAC)

Fecha: 14-Feb-2020

Evidence of the appellant

16. The appellant adopted her witness statement dated 15 April 2019. 17. In the statement s he state d that she lives with her partner, who is her fiancé. 18. She also state d that she is the main carer for their daughter and that her partner finds it difficult to undertake day-to-day care for the child. She state d that if she were to leave the UK she would bring her daughter with her as her partner would not be able to combine caring for her with his work commitments as well as the care he provides for his two sons (from a previous relationship) on weekends and during school holidays. In oral evidence, she explained that her daughter started nursery in November 2019 and commented that this is going well. 19. The appellant also state d in her statement that she was born in Dubai where she has lived most of her life . In oral evidence, she stated that her mother died in 2012 , she has three siblings in Dubai, and her brother and father live in the UK. 20. Both in her statement and orally the appellant state d that she has only ever been to Pakistan on short visits (staying in hotels, rather than with family or friends) and t hat she does not have any family members in Pakistan upon whom she could rely for support . S he stated that she had not even visited Pakistan until she was 15 years old and that she would find it very difficult to settle and integrate into Pakistan. 21. She state d that she cannot return to Dubai as she does not have a valid visa. 22. She also state d that her partner “will not allow” her to take their daughter abroad. 23. The appellant was asked by Mr Lindsay whether, when she stated in the 2016 application that she only wished to remain in the UK for a further 6 months her intention , at that time, was to return to Dubai or relocate to Pakistan. The appellant’s response was that she would have tried to return to Dubai but following the expiry of her visa at the end of 201 6 this was no longer an option . She also stated that because her father was now living in the UK she was unable to renew her visa to live in Dubai . She stated that she did not remember when her father moved to the UK. 24. When asked by Mr Lindsay why she did not leave the UK as she said she would in the 2016 application, she responded that she did not receive a response to her application from the Secretary of State. She also stated that her daughter had asthma, flu and respiratory problems and because of this her partner did not allow her to take the child out of the UK . She acknowledged that no evidence about her daughter’s health had been submitted but said it must be in hospital records. 25. In cross-examination, she said she could not take her daughter to Pakistan, even for a short time, because they would have nowhere to stay. She also stated that her daughter is well settled at nursery and is too young to go to Pakistan with her. She added that whenever the appellant had been to Pakistan she had fallen ill. 26. She emphasised in her oral evidence that she would be alone in Pakistan . In response to questions posed by Mr Lindsay about extended family, she stated that she did not know any one and that any connection to wider family she had in the past was via her mother who is deceased and she ha s no knowledge about any extended family. 27. Mr Lindsay asked the appellant about her Pakistani identity card which records a permanent address in Pakistan . Her response was that the address was for a relative of her mother who is now deceased . She added , following a question posed by Mr Sarwar, that it is necessary to have a permanent address to obtain an ID card from Pakistan. 28. The appellant was asked about the reference to an uncle in Pakistan in the decision of the First-tier Tribunal. She stated that this was a relative of her mother who is deceased . When asked to clarify, she stated that the relative was deceased but she did not know when he died or if he had children. She thought the address on her ID card is that of th is deceased relative . 29. She stated that she did not know if her partner (who is of Pakistani heritage) had family in Pakistan and that they had never discussed this. 30. In response to questions about her partner’s work, she said that he is a carpet fitter who works “on and off” earning between £200 and £300 a week. 31. Mr Lindsay asked the appellant about the 2016 application and the 2018 application. She stated that the forms were completed on her behalf by her solicitor.