IA229362014

The Appellant appealed and the appeal came before First-tier Tribunal Judge Pickup on 5 th September 2014. In a determination promulgated on 19 th September 2014 the Appellant�s appeal was dismissed under the Immigration Rules and under Article 8 of the European Convention of Human Rights.

On 24 th November 2014 the Secretary of State responded to the Grounds of Appeal under Rule 24. It was submitted that the judge had considered the evidence of the appeal and made clear findings on the issue of ties to Bangladesh/Bangladeshi culture within paragraphs 21 to 39 of the determination and it was submitted that the findings were not inconsistent.

It was on that basis that the appeal comes before me to determine whether or not there is a material error of law in the decision of the First-tier Tribunal. The Appellant appears by his instructed Counsel Mr Timpson. The Secretary of State appears by her Home Office Presenting Officer Mr McVeety.

Both legal representatives start by seeking to address me on a preliminary point that they have considered. It is put to me that there is an error in the Grounds of Appeal on the basis that the appeal was brought under Appendix FM of the Immigration Rules and it should have been brought under the Immigration Directorate Instructions Family Migration Guidelines. I am specifically referred to paragraph 3.3.1 therein headed �Individuals Granted Discretionary Leave before 9 th July 2012�. The guidelines therein set out:

Applicants who were granted leave under the discretionary leave policy before 9 th July 2012 will continue to be considered under that policy through to settlement provided they continue to qualify for leave and their circumstances have not changed. (Normally the person can apply for settlement after accruing six years� continuous Discretionary Leave, unless Discretionary Leave has been granted because the individual is excluded from a grant of asylum or humanitarian protection, in which case ten years� leave is usually required.)