IA002762014

The Appellant ( the Secretary of State ) appealed with permission granted by First-tier Tribunal Judge Page on 1 September 2014 against the determination of First-tier Tribunal Judge M Symes who had allowed the Respondent �s appeal against the Appellant �s decisions dated 29 November 2013 to refuse to grant the Respondent further leave to remain on Article 8 ECHR private life grounds and to remove her. The determination was promulgated on 8 August 2014.

The Respondent is a national of the Philippines , born on 5 April 1986. She had entered the United Kingdom as a Tier 4 Student on 9 November 2009, which leave had been varied to Tier 1 (Post-study Worker) Migrant and extended until 2 November 2013. On 29 October 2013 the Respondent made her application for further leave to remain based on her private life.

Permission to appeal to the Upper Tribunal as sought by the Appellant was granted by Judge Page because he considered that it was arguable that the judge had failed to follow the approach set out in Gulshan (Article 8 � new rules � correct approach) [2013] UKUT 640 (IAC) . The judge had not identified compelling circumstances not sufficiently recognised under the Immigration Rules.

Miss Haji for the Respondent relied on her skeleton argument . It has always been accepted that the Respondent could not meet the Immigration Rules. Counsel submitted that the judge�s findings had been open to him and were based on the proportionality assessment which remained a requirement. There were a number of compassionate factors. There was the Respondent �s contribution to society. These were factors which the judge had been entitled to factor into the balancing exercise. His findings and ultimate decision were open to him. The determination should stand.

There was no dispute of fact in this appeal and the original findings of fact stand unchanged. For convenience and clarity the tribunal will refer to the parties by their original designations in this section of the determination.