Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
This is an appeal by Gareth Earnest Gamble, a citizen of Zimbabwe born 24 th April 1979. He appeals against the decision of the Respondent made on 15 th May 2013 to refuse further leave to remain in the United Kingdom and to remove him by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006.
The Appellant appealed against that decision and his appeal was allowed under the Immigration Rules (Paragraph EX1 of Appendix FM) by First-tier Tribunal Judge Oliver who set out his reasons for that decision in a determination issued on 3 rd June 2014. Permission was granted to the Respondent to appeal against that determination and on 20 th August 2014, having heard submissions, I found that there was a material error of law in the determination of the First-tier Tribunal and I set that decision aside with no preserved findings of fact .
Briefly the facts of this case are that the Appellant entered the UK as a student with valid leave in 2002 and subsequently extended his stay. In 2006 an application to remain on the basis of his UK ancestry was refused but he was granted three years discretionary leave on appeal in 2009. On 13 th November 2012 he applied for further leave to remain and it is the refusal of that application that is the subject of this appeal. There had been some delay by the Home Office in dealing with applications over the years.
The Appellant said in his statements that he has been in a relationship in the UK with Layla Salha since around June 2011. They undertook an Islamic marriage on 12 th July 2012. They wanted to have a civil ceremony but could not arrange this as a number of requests to the Home Office to return his passport were unsuccessful. Ms Salha is now pregnant with his child. This is her third pregnancy as she previously miscarried twice in 2013. She is six and a half months pregnant now. The due date is 31 st December 2014 and they are hopeful that everything will be fine this time.
In oral evidence he adopted his statements. He confirmed that before coming to the UK in 1998 he was a student. He never worked in Zimbabwe.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.