UI2022005048

             The Appellant is an Indian national born on the 29 th December 1985. She seeks leave to remain in the United Kingdom on human rights grounds.

             The Home Office rejected that account, and on appeal, so did two successive Tribunals. First-tier Tribunal Judge Alis dismissed her appeal on the 14 th May 2019, and although his reasoning was set aside by Deputy Upper Tribunal Judge Chapman, she too subsequently dismissed the appeal for a lack of credibility. In her decision of the 5 th September 2019 Judge Chapman expressly found the Appellant to have lied. She did not accept her account of intra-familial violence and estrangement.

             On the 8 th November 2019 the Appellant made a "an application for leave to remain on compassionate grounds". For reasons that are not entirely clear this was processed as a human rights claim without the Respondent having considered whether the evidence adduced met the threshold for it to be considered a 'fresh claim'. The application was refused, but the Appellant given a right of appeal which she duly exercised.

             The matter came before First-tier Tribunal Judge Ficklin, who by his written decision of the 8 th May 2022 dismissed the appeal on the grounds that nothing in the 'fresh claim' caused him to take a different view of the facts than Judge Chapman.

             Unfortunately there followed an administrative error which resulted in a lengthy delay to the appeal hearing being resumed. At the hearing before us we apologised to the parties for this delay; an apology we reiterate here.