OA238752012

The appellant was born on 16 August 1994. On 11 June 2007, the appellant�s mother, Mrs Gurprit Kaur Baing, arrived in the United Kingdom on a valid student visa.

In 2007 and 2009, applications were made for the appellant and his father, Mrs Baing�s ex-husband and the appellant�s biological father, to join Mrs Baing in the UK; both of these applications were refused. Throughout the period in which these applications had been made, there had been a continuous breakdown in the relationship between Mrs Baing and her husband and between the appellant and his father. A further application for the appellant alone was made in 2010; this was the application that was later dealt with in 2011.

The application made by the appellant in 2010 was refused by the respondent on 24 November 2010. In the refusal, the respondent stated that he was not satisfied that Mrs Baing had sole responsibility for the applicant and felt that there would be no breach of Article 8 ECHR as Mrs Baing could return to India.

The 2010 refusal came before the First-tier Tribunal on appeal on 4 August 2011. At the hearing it was conceded by the appellant that at that stage the Immigration Rules could not be satisfied and therefore only Article 8 grounds were relied upon. In their determination promulgated on 12 August 2011 (the �2011 determination�), the First-tier Tribunal found that no breach would occur by refusal as Mrs Baing could return to India for the period that the appellant remained a minor (see paragraph 34 of the 2011 determination).

On 19 April 2013, Mrs Baing was granted indefinite leave to remain in the United Kingdom. At the date of the hearing on 4 August 2011, Mrs Baing had limited leave to remain until 14 May 2012 (see: paragraph 11 of the 2011 determination).