IA221462015

The Appellant is a citizen of Jamaica born on 29 th of August 1966. She appeals against a decision of Judge of the First-tier Tribunal Oliver sitting at Hatton Cross on 8 th of August 2016 in which he dismissed her appeal against a decision of the Respondent dated 27 th of May 2015. That decision was to refuse to grant her leave to remain in the United Kingdom outside the Immigration Rules under Article 8.

The Appellant entered the United Kingdom on 20 th of June 2002 as a visitor. She was granted a student visa valid from 21 st of February 2003 until 30 th of September 2003. She made two further applications for a student visa on 30 th of June 2006 and 19 th of July 2006 both of which were rejected and refused. On 23 rd of July 2008 she was served with form IAS 151 as an overstayer.

On 27 th of March 2014 she claimed asylum on the grounds that she had given evidence against a man at a trial in the United Kingdom when he was indicted for rape against his daughter (he was subsequently acquitted). The man returned to Jamaica after serving a nine-month sentence for assault and told the Appellant to remember that they would all meet up in Jamaica which she took as a threat. She did not complain to the police at the time because of her immigration problems.

The Respondent considered the asylum claim to be without any merit and it was certified as such. It appears that the Upper Tribunal rejected a judicial review challenge to the certification on the basis that the Appellant's protection claim had no prospects of success on appeal. On 16 th of January 2015 the Appellant applied to remain outside the rules on the basis of her family and private life arguing under paragraph 276ADE of the Immigration Rules there would be very significant obstacles to the Appellant's reintegration back to Jamaica.

The Judge dismissed the appeal under both the Immigration Rules and on Human Rights grounds.