Butt (appellant) v The Secretary of State for the Home Department (respondent)
Wednesday 29 January 2025
The appellant is a citizen of Pakistan who entered the UK as a visitor in 2006. He made applications to remain which were refused and the most recent decision was made on 30 December 2021. The First Tier Tribunal allowed the appeal finding that the wife of the appellant would not face insurmountable obstacles if they both returned to Pakistan however under Chikwamba allowed the appeal as if the appellant was to return to Pakistan he would be eligible for a spouse visa.
SSHD appealed that decision. The Upper Tribunal found there was an error in the First Tier decision in that Chikwamba was misunderstood and therefore the decision was set aside and returned to the First Tier Tribunal.