1. The appellant is a national of Bangladesh, born on 10 August 1987. She appeals with permission against the decision of the First-tier Tribunal Judge who dismissed her appeal against the respondent s decision refusing her application for settlement in the UK with her sponsor. The decision was promulgated on 13 July 2017.
2. In granting permission to appeal, Upper Tribunal Judge Pitt found that it was arguable that the Judge took an incorrect approach to the evidence of indirect contact by way of telephone calls, which also included a large number of calling cards and telephone records. She noted that it was apparently undisputed that those records showed multiple calls on numerous days to the home where the appellant lives, albeit with other family members and the evidence of the appellant and the sponsor regarding regular telephone calls, consistent.
3. Although the sponsor gave evidence about cash remittances for which there was no documentary evidence, the Judge did not indicate why that evidence or that of the appellant and sponsor in general, was not reliable as to the genuineness of the relationship.
4. Judge Pitt also found that it is arguable that the Judge had been required to conduct a separate assessment as to the genuineness of the marriage in the Article 8 assessment outside the Rules, taking into account the evidence as at the date of hearing rather than as at the date of decision. There was post-decision evidence by way of telephone calls, remittances and a further visit, arguably capable of allowing a different conclusion to that under the Rules.
Citations:
[2018] UKAITUR HU049962016
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 January 2022; Ref: scu.603007