IA076582015

On 5 January 2016 First-tier Tribunal Judge Osborne granted the appellant permission to appeal for the following reasons:

The grounds seek permission to appeal a Decision and reasons of First-tier Tribunal Judge N P Dickson who in a Decision and reasons promulgated 21 August 2015 dismissed the Appellant's appeal against the Respondent's Decision to refuse leave to remain on the basis of his family and private life pursuant to the Immigration Rules and Article 8, ECHR.

In an otherwise focused Decision and reasons it is nonetheless arguable that the Judge has arguably failed to specifically consider the best interests of the child. It is arguable that the Judge should not have done so and that not to have done so amounts to an arguable error of law.

The appellant is a national of India, whose date of birth 3 December 1988. He first entered the United Kingdom on 30 October 2008 with valid entry clearance as a working holidaymaker. His entry clearance in this capacity was valid until 8 October 2010. On 1 October 2010 he applied for leave to remain under Article 8. The application was refused on 8 November 2010, and his subsequent appeal was dismissed by Judge Ghaffar in a decision promulgated on 19 January 2011. Permission to appeal to the Upper Tribunal was refused by Upper Tribunal Judge Kekic on 9 February 2011.

The appellant did not leave the country after his appeal rights became exhausted, but entered into a relationship with Ms Feraz Atha, a British national whose date of birth is 27 August 1988. The appellant was encountered by Immigration Officers at Bolton Registry Office on 29 January 2014. He was arrested and served papers as an overstayer.