Naz (Subsisting Marriage – Standard of Proof) Pakistan: UTIAC 16 Jan 2012

i) It is for a claimant to establish that the requirements of the Immigration Rules are met or that an immigration decision would be an interference with established family life. In both cases, the relevant standard for establishing the facts is the balance of probabilities.
ii) Post decision visits by a sponsor to his spouse are admissible in evidence in appeals to show that the marriage is subsisting: DR (ECO: post-decision evidence) Morocco * [2005] UKIAT 00038 applied.

Judges:

Blake J P, Juss DUTJ

Citations:

[2012] UKUT 40 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 04 October 2022; Ref: scu.450979