IA074572014 & IA074602014

The appellants, born August 20, 1974 and December 2, 2011 are citizens of Algeria. The first named appellant came to the United Kingdom as a visitor and she married Noureddine Boudkhila September 16, 2003 and they have lived together since that date. On January 12, 2004 she applied to change her status and extend her time in the United Kingdom but her application was refused on February 10, 2004.

The first appellant and her husband have three children namely the second appellant and two other children born March 11, 2005 and September 22, 2006. All of the children were born in the United Kingdom and the eldest two children are classed as British citizens because they were born in the United Kingdom at a time when their father had indefinite leave to remain. The respondent has never challenged their status.

On October 17, 2012 the appellants applied for leave to remain but this was refused on October 30, 2013 on the basis the appellant did not satisfy the Immigration Rules and there were no exceptional circumstances that merited consideration outside of the Rules under article 8 ECHR. The appellant was not issued a right of appeal as no removal notices were issued. The appellants� solicitors threatened the respondent with judicial review proceedings and the respondent then served removal notices dated January 22, 2014.

The appellants appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on February 6, 2014. On August 26, 2014 Judge of the First Tier Tribunal Grant (hereinafter referred to as the �FtTJ�) heard their appeals. She dismissed their appeals under the Immigration Rules and article 8 ECHR in a determination promulgated on September 11, 2014.

The appellants lodged grounds of appeal on September 19,2014 and on October 23, 2014 Judge of the First-tier Tribunal Simpson granted permission to appeal finding it arguable the FtTJ had erred because: