UI2024000344

              This is an appeal by the Secretary of State against the decision of the First-tier Tribunal dismissing the appeal of the respondent, hereinafter "the claimant", a national of Nepal, against the decision of the Secretary of State refusing her leave to remain or enter the United Kingdom.

              What is quite clear to us is that the judge was very aware that there were unusual features in this case. The judge was very aware that the claimant had a failed marriage behind her and therefore, on the facts of this case, had some experience of independent family life. The judge was also aware that the support that extended to the claimant came not only from her father, but other members of her family in the United Kingdom.

              At paragraph 36 the judge said:

"This is clearly stated in the written evidence of the sponsor and the [claimant], that there is emotional dependency between them and the evidence strongly came across that there was real interdependence between the [claimant] and the sponsor. On the totality of the evidence before me I find that there is a real, committed and effective supportive relationship between the [claimant] and the sponsor which surmounts normal/ordinary emotional ties and which therefore amounts to a family life which engages the operation of ECHR Article 8".

              We find that the decision clearly shows a proper appreciation of the important facts, a proper approach to the law and is sufficiently clear for it to be apparent to a fair-minded reader why the decision was made. These are all reasons for allowing the appeal in the first place and we find no merit in the Secretary of State's criticisms.