IA019312014 & ors

This is an appeal against the determination of First-tier Tribunal Judge Wright promulgated on 3 rd June 2014, following at a hearing at Hatton Cross on 16 th May 2014. In the determination, the judge allowed the appeal of the Appellants on human rights grounds (though dismissing them on immigration grounds). The Respondent Secretary of State subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellants are citizens of Sri Lanka. They are a family of a father, a mother, and a daughter. The first Appellant, the father, was born on 17 th September 1969. The second Appellant, the mother, was born on 20 th November 1975. The third Appellant, the daughter, was born on 27 th April 2006.

The determination of Judge Wright describes the wife, as the �main Appellant� because it is the wife who was last granted leave as Tier 1 (Post-Study Worker) on 17 th December 2010 until 17 th December 2012, with her husband and daughter being her dependants. The applications for leave to remain were on the basis of the second Appellant, the wife�s, establishment of private and family life in the UK.

The judge applied the applicable Immigration Rules and held that the Appellants could not succeed under Appendix FM R-LTRP. They did not meet the requirements for leave to remain as partners and they did not meet the �relationship requirements of E-LTRP.1.2� because they were not British citizens or present and settled in the UK with refugee leave or humanitarian protection. Under the mandatory nature of the Immigration Rules their applications fell to be dismissed. The judge gave reasons (see paragraphs 23 to 27).

However, in considering the situation under Article 8 ECHR �outside the Rules� (see paragraphs 29 to 43) the judge found that, on the basis of the established case law that was emerging from the Upper Tribunal and the Court of Appeal, that the appeals stood to be allowed.