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The Secretary of State appealed against a decision of Judge Seifert of the First-tier Tribunal (the FTT) promulgated on 28 th May 2015.
The Respondent before the Upper Tribunal was the Appellant before the First-tier Tribunal. I will refer to him as the Claimant.
The Claimant is a male citizen of Pakistan born 10 th July 1988 who entered the United Kingdom in 2000. He was granted discretionary leave to remain outside the Immigration rules, following a successful appeal, his leave being valid between 25 th January 2011 and 24 th January 2014.
On 8 th January 2014 the Claimant applied for further leave to remain. His application was refused on 10 th February 2014, the Secretary of State issuing a Notice of Immigration Decision of that date, refusing to vary leave to remain, and indicating that a decision had been taken to remove the Claimant from the United Kingdom. A letter dated 10 th February 2014 was issued by the Secretary of State giving reasons for the decision.
The Claimant's appeal was heard by the FTT on 14 th October 2014. The FTT decided that the appeal could not succeed with reference to paragraph 276ADE of the Immigration rules in relation to the Claimant's private life, but the Claimant's appeal was allowed in relation to his private and family life, pursuant to Article 8 of the 1950 European Convention on Human Rights (the 1950 Convention) which was considered outside the Immigration rules.
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