UI2023003079 & UI2023003082

       The appellants appeal with permission a decision of First-tier Tribunal Judge Caswell ('the Judge'), promulgated following a hearing at Newcastle on 27 February 2023, in which the Judge dismissed the appeal on human rights grounds.

       The Judge notes the appellants are husband and wife. Mr Thomas was born on 20 April 1982 and Ms Anthony on 17 May 1990. It was accepted that Ms Antony's appeal was dependent on our husbands as a result of which the Judge focused upon the merits of Mr Thomas' appeal. I shall adopt a similar format.

       It is important the chronology of this appeal is understood. At [2] -[3] the Judge wrote:

While this appeal was pending, the Appellant varied his application to one for indefinite leave to remain (ILR) on the basis of 10 years' lawful residence in the UK. The Appellant's wife (and their child born in February 2019) on the 14 December 2020 made an application to stay in the UK on Article 8 family and private life grounds. The Appellant's application was refused on the 22 July 2021. His wife's application was refused on the 23 December 2021. The Respondent on the 8 February 2022 then withdrew the Appellant's refusal decision, and made a fresh refusal decision dated the 6 July 2022.

       In relation to the second period the Judge notes the respondent's position being that the notice of appeal was not filed until 1 August 2019 at which point the appellant's section 3C(2)(c) leave as a result of a pending appeal began, meaning there was a gap in lawful residence from 5 July 2019 to 1 August 2019.