OA065682014

For the Respondent: Miss Bakshi, Counsel, instructed by Samuel Ross, Solicitors.

Although the Entry Clearance Officer is the Appellant before me I will for ease of reference refer to him as the Respondent as he was the Respondent before the First-tier Tribunal at the hearing on 9 January 2015. Similarly I will refer to Mr Kuyateh as the Appellant as he was the Appellant before the First-tier Judge.

The Respondent was granted permission to appeal against the decision of First-tier Tribunal Judge V A Cox, who dismissed the Appellant�s appeal under the Immigration Rules and allowed it under Article 8 ECHR.

a. In finding that the Appellant does not meet the suitability requirements of Appendix FM but allowing the appeal under Article 8 ECHR the Judge gave insufficient weight to material matters (these being that the Appellant does not meet the Rules, the public interest in immigration control, the Appellant�s poor immigration history, past deception and poor conduct whilst in the UK); and

b. He failed to give adequate reasons for his decision to allow the appeal under Article 8 ECHR. The only reason that the Appellant was not granted entry clearance was because of the suitability requirements and if these requirements can simply be sidestepped there is a danger that these requirements will rendered redundant. Therefore the Judge should have given more detailed reasons for why the suitability requirement should not apply equally under the Article 8 assessment.