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For the Appellant Secretary of State: Mr D Mills, Senior Home Office Presenting Officer
Mr Powell is a citizen of Jamaica, whose appeal against refusal to grant him further leave to remain as the husband of the Sponsor, Claudette Kerr, was allowed by First-tier Tribunal Judge Bell in a determination promulgated on 28 th August 2014. In the interests of clarity and continuity I will refer to Mr Powell as the Appellant, the title by which he was known before the First-tier Tribunal.
My provisional view, prior to the hearing, was that the judge had erred in considering that paragraph EX.1 could not apply to the child, as he had only discretionary leave, but that could have no material bearing on the outcome. In other respects the decision appeared to be adequately reasoned and sustainable.
I was grateful to Mr Mills for his practical approach with which I wholly agreed. Whilst some might regard the judge�s view of the difficulties potentially faced by the spouse in travelling to the home country as being generous, the reasons she gave were in my view sustainable and the decision she reached open to her on the evidence. In addition EX.1 did in my view apply to the child. The judge�s approach to paragraph 117B in respect of the child was I felt unassailable. There was therefore no material error in the determination.
No anonymity order was sought and I could see no reason why one might be required.
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