UI2023003199

                  Limited permission to appeal was granted by First-tier Tribunal Judge Karbani on 2 August 2023 against the decision to dismiss the Appellant's Article 8 ECHR private life appeal made by First-tier Tribunal Judge Chinweze in a decision and reasons promulgated on or about 3 March 2023.

                  The Appellant, a national of Albania born on 27 October 1978, had applied for leave to remain Article 8 ECHR human rights grounds on 15 November 2020. The application was refused by the Secretary of State for the Home Department on 12 November 2021.

Judge Karbani refused permission to appeal over the weight the judge placed on the Appellant's use of false details as that was a legitimate factor in the assessment of the public interest. It was, however, considered arguable that the judge had failed to consider the impact of separation on the Appellant's fiancée and had erred when considering the application of Chikwamba [2008] UKHL 40 , because the Appellant's fiancée had only limited leave to remain as a skilled worker.

Mr Wain for the Respondent relied on the rule 24 notice and submitted that there was no material error of law at all. It was plain that the judge had correctly identified where the public interest lay for the purpose of the Article 8 ECHR balancing exercise. Sustainable findings had been reached and explained. The onwards appeal should be dismissed.

In any event, it was obvious by the date of the witness statements that the Appellant's fiancée was aware that the Appellant was in the United Kingdom without any form of leave, so that in effect she would have to go to Albania with him if she wished for them to live together in the future. The couple were not, of course, living together at the date of the hearing.