UI2023003391

              The Appellant, who has Down's syndrome, is a citizen of Zimbabwe whose date of birth is recorded as 29 th August 1977. On 25 th November 2021 she made application for leave to remain in the United Kingdom on the basis of private life. On 3 rd October 2022 a decision was made to refuse the application and the Appellant appealed to the First-tier Tribunal.

              The appeal was heard by Judge Plowright who in a decision dated 22 nd May 2023 dismissed the appeal.

              Not content with that decision by Notice dated 6 th October 2022 the Appellant made application for permission to appeal to the Upper Tribunal which permission was granted by Judge Gumsley on 27 th July 2023 on the basis that:

              I had the benefit of discussing the matter at some length with Ms Lecointe for the Secretary of State and Mr Mupara, who represented the Appellant in the First-tier Tribunal and who attended and assisted the Upper Tribunal in this matter today, although she, that is to say the Appellant, remains a litigant in person because of direct access.

              Ms Lecointe accepted that if the status of each of the other family members had been known there was the possibility of the judge below going on to consider whether or not the family members as one family, having regard to the guidance in Beoku-Betts [2008] UKHL 39 , might leave or be returned as a family at the same time and have considered therefore what impact that might have on the family life of the members of the family, but that was not the case.