Wednesday 17th October 2019
Second appeal. National of India. Refusal of LTR as a spouse of a British citizen because SSHD did not accept that they were in a genuine and subsisting relationship or that they would face insurmountable obstacles if returned. Entered as a student and present application made 2 days before expiry of that leave. Married the previous year.
FTT allowed the appeal finding the relationship was genuine and that they would face insurmountable obstacles on return because the climate would be too hot for the British husband.
UT found a material error of law as coping with the heat was not a serious hardship when there was air conditioning. There was no evidence to show that the husband would not cope with the heat. Therefore it allowed the SSHD’s appeal.