IA225842015

For the Appellant: Mr T Mahmood, Counsel, instructed by Justmount & Co Solicitors

I would only revisit this provisional assessment if the appellant failed to send to the Tribunal and the parties a letter from the DNA testing body, producing the photograph of the man who provided the DNA sample to the nurse. That would enable a quick check to be made as to whether that photo was indeed a photo of the appellant.

I accept that the appellant has established he has family life ties with his partner and their two children. I also accept that having lived in the UK for over fourteen years he has established links with the UK. However, I do not consider, however, that the respondent's refusal of leave to remain was disproportionate.

As regards the appellant's likely circumstances in India, it is clear from the evidence that he has family there and that he has links of culture, language and tradition with that country. Even if he cannot turn to close family members for support, it is reasonably likely he will be able to find employment. Whilst he has resided in the UK since either 2002 or 2002 he has never had valid leave to remain and all his private and family life ties have been formed at a time when his immigration status was precarious.

Earlier I noted that I would proceed to decide the case on the provisional basis that the appellant has established paternity of the children concerned. At the date of finalising my decision, I am not aware of any response to my directions. Nevertheless it is not necessary for me to reach a firm conclusion on paternity because even on the assumption that the appellant has established paternity, I have not found that his appeal can succeed.