UI-2025-001156

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2025-001156

First-tier Tribunal Nos: HU/56327/2023
LH/04850/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 11th of September 2025

Before

UPPER TRIBUNAL JUDGE SHERIDAN

Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

MS HIRA ANJUM
(NO ANONYMITY ORDER MADE)
Respondent

Representation:
For the Appellant: Mr S Walker, Senior Home Office Presenting Officer
For the Respondent: Ms R Chapman, Counsel instructed by Leigh Day

Heard at Field House on 20 June 2025


DECISION AND REASONS
1. This appeal is brought by the Secretary of State. However, for convenience I will refer to the parties as they were designated in the First-tier Tribunal.
2. At the hearing, Mr Walker accepted that the decision of the First-tier Tribunal is not undermined by an error of law and conceded the appeal. In the light of this concession my decision will be brief.
3. The appellant is a citizen of Pakistan who married a British citizen, in Pakistan, in November 2015. They had not met prior to the appellant’s husband travelling to Pakistan to marry her.
4. Between 2015 and 2018 they lived in separate countries: the appellant in Pakistan and her husband in the UK. During that period the appellant’s husband visited her in Pakistan on just one occasion.
5. The appellant was granted a visa as a spouse and travelled to the UK in December 2018. She states that she was treated in an abusive way by her husband and his family and left their home shortly after arriving. Approximately six weeks after entering the UK she returned to Pakistan.
6. The appellant then applied for entry clearance to return to the UK. Her application was refused. She appealed to the First-tier Tribunal where her appeal came before Judge of the First-tier Tribunal Bibi. In a decision dated 1 October 2024 the judge allowed the appeal. The respondent has appealed against this decision and it is this appeal that is now before me.
7. Mr Walker summarised the respondent’s case as being that the judge erred by finding article 8 was engaged when the appellant had only been in the UK for a very short period of time before returning to Pakistan. He stated that he was no longer pursuing the case because he accepted that the judge was entitled to find – and adequately explained why he found - that there was family life between the appellant and her British citizen husband that engaged article 8 ECHR even though the appellant had spent only a very short amount of time in the UK.
8. In the light of the position taken by Mr Walker, I accept the agreed position of the parties that the respondent has not identified an error of law in the decision of the First-tier Tribunal and that, consequently, the decision of the First-tier Tribunal should stand.
Notice of Decision
9. The Secretary of State’s appeal is dismissed and the decision of the First-tier Tribunal stands.




D. Sheridan

Judge of the Upper Tribunal
Immigration and Asylum Chamber


1 September 2025