IA164912014

For the Appellant: Mr J Chipperfield, (Counsel instructed by Bespoke Solicitors)

This is an error of law hearing to consider whether or not there is an error of law in the determination promulgated on 7 November 2014 by First-tier Tribunal (Judge Cohen) (FtT) in which he dismissed the appellant�s appeal against the decision of the respondent to refuse further leave to remain and to issue removal directions.

The appellant is a citizen of the Philippines and her date of birth is 21 April 1968. She initially entered the UK on 9 September 2004 with a visit visa. An application for further leave to remain as the spouse of Mr Andrew Gossage , a person present and settled in the UK, was refused. The appellant did not lodge an appeal and as of 3 September 2005 she remained in the UK unlawfully. On 28 September 2012 the appellant made an application for further leave to remain on the grounds of family and private life.

The respondent refused the application in a detailed letter dated 20 March 2014 and having regard to the Immigration Rules dealing with private and family life together with Article 8 ECHR and considered whether or not there were compelling or compassionate circumstances outside of the Rules.

The FtT found there was family life in the UK and private life in the UK such that the removal would cause an interference with Article 8 rights [21]. The issue before the FtT was proportionality. It placed weight on the appellant�s poor immigration history (overstaying for seven years prior to making any application) and the contradictory evidence given by the appellant and sponsor as to why an application was not made at an earlier stage [22].