IA182742014

The appellant before this Tribunal is the Secretary of State for the Home Department who I will refer to as "the Secretary of State". The respondent to this appeal is Mrs Prabha Verma, who was the appellant in the Tribunal below. I will refer to her as "the appellant".

The appellant is a citizen of India and she was born on 5 February 1939. She arrived in the UK on 10 September 2013 under a visit visa. She subsequently applied to vary her leave but the application was refused on 9 April 2014. The Secretary of State set out her reasons for the refusal in a letter dated 9 April 2014.

The appellant appealed the refusal to the First-tier Tribunal (FtT) when her appeal was heard at Nottingham on 11 August 2014 before First-tier Tribunal Judge Atkinson (the Immigration Judge). The Immigration Judge decided on the evidence given to allow the appeal "under Article 8 of the Human Rights Convention". The Immigration Judge dismissed the appeal under the Immigration Rules. No anonymity order was made but he did make a fee award in the sum of £140.

The Secretary of State appealed that decision by notice of appeal dated 28 August 2014.

The judge who granted permission to appeal to the Upper Tribunal, Judge of the First-tier Tribunal Denson thought that compelling circumstances had to be shown before the appellant's application outside the Immigration Rules under Article 8 could be allowed. The Immigration Judge had not made adequate findings so as to identify such compelling circumstances so as to justify a finding that the appellant was entitled to remain in the UK outside the Immigration Rules. Accordingly, Mr Denson gave permission to appeal.