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The claimant, Karen Ho Man Au, date of birth 5.3.90, is a citizen of New Zealand.
This is the appeal of the Secretary of State against the determination of First-tier Tribunal Judge Wilson, who allowed the claimant�s appeal against the decision of the respondent, dated 30.5.13, to refuse her application made on 20.9.12 for leave to remain in the UK on the basis of 10 years long residence, pursuant to paragraph 276B of the Immigration Rules.
The grounds of application for permission to appeal to the Upper Tribunal raise a number of issues in submitting that the First-tier Tribunal Judge erred in law in allowing the appeal under Article 8.
In particular, the errors highlighted in the grounds of application for permission to appeal are that the judge, (1) �allowed the appeal under the Immigration Rules (Article 8 - Appendix FM);� (2) had regard to an irrelevant consideration in the proportionality assessment, namely the established status of the Anglican Church in the UK; and (3) erred in his assessment of the public interest for the purpose of proportionality.
Like Judge Page, I found great difficulty in following the logical course of the determination.
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