IA197282014 & Ors.

On 11 th November 2014 I found an error of law in the determination of the First-tier Tribunal dismissing the appeal of Ramak Darvishi against a decision of the respondent to refuse her leave to remain as a Tier 4 (General) student migrant and to remove her and her dependant husband and children under s47 Nationality, Immigration and Asylum Act 2006, in the following terms:

i. The appellants appeal the decision of the First-tier Tribunal to dismiss the appeal of Ramak Darvishi against a decision of the respondent to refuse her leave to remain as a Tier 4 (general) Student Migrant and to remove her under s47 Nationality Immigration and Asylum Act 2006. The other appellants are her husband and children and their applications were as her dependants; they were refused in line with her.

v. The failure to even begin to engage with the situation of the children and thus the family as a whole and the failure to give any reasons for reaching a decision that removal was proportionate, amounts to an error of law.

Mr Diwyncz not objecting, I granted leave to the appellants to file and serve such other documentary evidence as advised; such documents to be served upon the respondent no later than 5 working days before the resumed hearing;

Updating witness statements to be filed and served; to stand as evidence in chief and to be served upon the respondent no later than 5 working days before the resumed hearing;