Sibtain and Hasnain, applicants

Immigration – Application to enter UK to join family – Leave to appeal to Court of Session. Court of Session: Granting permission to appeal in conjoined applications by two Pakistani nationals, who sought leave to appeal against a decision of the Upper Tribunal ('UT') dismissing appeals against the refusal of their applications for settlement in the UK as spouses of British citizens, the court concluded that the application did raise an important point of principle or practice that had not been conclusively resolved in the recent case law, ie that there was an unjustifiable distinction between the position of parents and spouses applying to remain in the UK to be with their family and that of parents and spouses applying to enter the UK to join their family: the court could not exclude the possibility that the UT would have reached a different conclusion if it had had the Supreme Court's views in two recent decisions before it, and that it might have erred in law as a result

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