UI2023004519

      This is the re-making of the decision in the appellant's appeal against the respondent's refusal of his human rights claim, following an error of law decision made by Deputy Upper Tribunal Judge Woodcraft and myself, issued on 12 December 2023, by which we concluded that the First-tier Tribunal (Judge Aldridge - "the judge") had materially erred in law and that his decision should be set aside. The error of law decision is annexed to this re-making decision and the two should be read together.

      On 24 May 2019, the appellant made an application for leave to remain outside of the Immigration Rules. This was treated as a human rights claim and its refusal, in a decision dated 4 November 2019, gave rise to a right of appeal under section 82 of the 2002 Act.

      There was found to be no error in respect of the judge's assessment of the very significant obstacles issue under what was at the time 276ADE(1)(vi) of the Immigration Rules (a similar provision is now contained within Appendix Private Life to the Rules). Thus, the findings set out at [25]-[29] of the judge's decision were preserved: see [30] of the error of law decision.

      It was decided that the appeal should be retained in the Upper Tribunal for a resumed hearing, rather than being remitted to the First-tier Tribunal. Case management directions were contained within the error of law decision.

      Those directions were complied with and the respondent confirmed that he had given consent for the "new matter" of the appellant's claimed relationship with the partner (Ms Miroslava Balabanska - "Ms Balabanska") and her children to be considered in this appeal.