IA268642014

Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/269) I make an anonymity order. Unless the Upper Tribunal or a Court directs otherwise, no report of these proceedings or any form of publication thereof shall directly or indirectly identify the original Appellant. This direction applies to, amongst others, all parties. Any failure to comply with this direction could give rise to contempt of court proceedings

This is an appeal by the Secretary of State against a decision of the First-tier Tribunal allowing the appeal of Mr L M S ('the claimant') who appealed against a decision, taken on 12 November 2013, to refuse to grant leave to remain in the UK on the basis of his family and private life and a decision to remove him.

The claimant is a citizen of Brazil who was born on [ ] 1979. He entered the UK as a visitor on 8 August 2004 with leave to remain valid until 7 February 2005. The claimant is married to [SS] who was born on [ ] 1972. They have two children, a son born on [ ] 2000 and a daughter who was born on [ ] 2003. The claimant's wife and children entered the UK illegally in November 2005. Thereafter the family remained in the UK unlawfully.

The claimant appealed to the First-tier Tribunal. In a determination promulgated on 11 November 2014, Judge Carroll dismissed the appeal without a hearing. The claimant was granted permission to appeal the decision. The Upper Tribunal allowed the claimant's appeal and remitted the case to the First-tier Tribunal to be heard de-novo.

In a decision promulgated on 21 October 2015 First-tier Tribunal Judge Kelly allowed the claimant's appeal. The First-tier Tribunal found that removal of the claimant would amount to a disproportionate interference with his rights under Article 8. The judge found that the claimant's children's best interests outweighed the legitimate interest in maintaining effective immigration control.