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For the Appellant: Ms K McCarthy, Counsel, instructed by Alsters Kelley Solicitors
I must first decide if the decision of the Judge contained an error on a point of law so that it should be set aside.
The Judge dismissed the appeal under the Immigration Rules because he was not satisfied that the appellant had met the requirements of paragraph 284(ix) of HC 395. That decision was not impugned in the application for leave to appeal.
Finally, Ms McCarthy asked me to remit the case to the First-tier Tribunal should I find an error of law in the decision of the Judge. This was because there had been no proper assessment of the Appellant's Article 8 rights, and those rights had to be assessed at the date of hearing. There had been developments in the Appellant's circumstances since the previous hearing in January 2015.
In response, Mr Clark at first submitted that the arguments of Ms McCarthy could not be entertained as they departed from the original grounds of application and the reasons given by Upper Tribunal Judge Deans for granting leave to appeal.
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