IA006102016

This is the appellant's appeal against the decision of First-tier Tribunal Judge Geraint Jones QC promulgated 11.10.17, dismissing on all grounds his appeal against the decision of the Secretary of State, dated 12.1.16, to refuse his application made on 26.9.14 for Leave to Remain in the UK on the basis of private life.

For the reasons summarised below, I found no material error of law in the making of the decision of the First-tier Tribunal such as to require the decision to be set aside.

Judge Jones concluded that whilst there was a relationship of sorts between the appellant and Ms Bhanji, given the circumstances, including that they did not cohabit, it was one akin to boyfriend/girlfriend and not a partnership akin to marriage.

In granting permission, Judge Landes considered it arguable that the judge may have erred in assessing suitability and dishonesty in failing to disclose a conditional discharge. However, even if the judge was wrong on this, it cannot have been material to the outcome of the appeal, as it was accepted by Mr Aslam and I so find that the appellant could not meet the requirements of the Rules with regard to the claimed relationship. Even if there was an error in this regard, it was one that did not infect the rest of the decision. The application could never have succeeded under the Rules.

In effect, the grounds on this issue are little more than a disagreement with the decision. It cannot be said that the decision was perverse or one which no other judge properly directed could have reached.