IA172812014

First-tier Tribunal Judge Porter dismissed the appellant�s appeal by determination promulgated on 3 February 2015.

In a Rule 24 notice the respondent argued that it was incorrect to say that there was no public interest in removal, since the requirement had first to be met that there was a �genuine and subsisting parental relationship with a qualifying child.�

In submissions Mrs Moore acknowledged that the point in the Rule 24 response is correct in principle. However, she said that all the evidence was of an amicable arrangement between the parties and of very regular contact with the child. There was no reason to reject any of that evidence. The determination contained no assessment at all of what the mother said. The determination should be set aside and a further hearing fixed.

Mrs O�Brien acknowledged that the determination errs in law. The core issue was whether there was a genuine and subsisting parental relationship with the child. There were no good reasons in the determination for finding against the appellant thereon.

The appellant is to provide to the First-tier Tribunal and to copy to the respondent not less than 14 days prior to the date of the hearing a written submission on how it is contended that the evidence for the appellant shows that the provisions of Appendix FM are satisfied. The respondent within 7 days of receipt of such submission is to advise whether the appeal is conceded and if not, why not.