IA015382016

This is an appeal against the determination of First-tier Tribunal Judge Birrell, promulgated on 16 th March 2018, following a hearing at Manchester on 5 th March 2018. In the determination, the judge dismissed the appeal of the Appellant, whereupon the Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male, a citizen of Armenia, and was born on 2 nd February 1978. He appealed against the decision of the Respondent, dated 23 rd March 2016, refusing his application for ILR as a spouse, with a British citizen by the name of [JB], which application had been refused by the Secretary of State on the basis of paragraph 287 of HC 395 and the failure of the Appellant to satisfy paragraph 322(1C), as well as the requirements of Appendix FM and paragraph 276ADE.

Nevertheless, there were the children. They are twins and they are British citizens, having been born in the UK. The judge was clear that,

"The objective evidence now produced suggests that he has been involved in their life since they were born as he registered their birth and on a number of occasions has an address which is the same one given for them. I accept that he has produced photographic evidence showing that he is part of their lives although the extent of his involvement in their early years is less clear than it is now. The school is clearly familiar with him and friends and the church see him and his partner and the children as a family" (paragraph 55).

However, given that sufficient regard also had to be given to the Section 117B consideration in favour of immigration control, the judge ended the determination with the observation that,