(Immigration and Asylum Chamber) Appeal Number: PA/11018/2018
THE IMMIGRATION ACTS
Heard at Cardiff
Decision & Reasons Promulgated
On 5 December 2019
On 9 December 2019
UPPER TRIBUNAL JUDGE LANE
PAYMAN JALAL MUSTAFA MUSTAFA
(ANONYMITY DIRECTION not made)
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the Appellant: Mr Joseph, instructed by Crowley and Co
For the Respondent: Mr Howells, Senior Home Office Presenting Officer
DECISION AND REASONS
E-LTRP.2.1. The applicant must not be in the UK-
(a) as a visitor; or
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a
fiancé(e) or proposed civil partner, or was granted pending the outcome of family
court or divorce proceedings
E-LTRP.2.2. The applicant must not be in the UK -
(a) on temporary admission or temporary release, unless paragraph EX.1. applies; or
(b) in breach of immigration laws (disregarding any period of overstaying for a period of 28 days
or less), unless paragraph EX.1. applies.
EX.1. This paragraph applies if
(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.
EX.2. For the purposes of paragraph EX.1.(b) "insurmountable obstacles" means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.
Notice of Decision
The appellant's appeal against the decision of the Secretary of State dated 31 August 2018 is dismissed.
Signed Date: 5 December 2019
Upper Tribunal Judge Lane