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For the Respondent: Mr A Devlin, Advocate, instructed by Mr Neil Barnes, Solicitor
The SSHD appeals against a determination by First-tier Tribunal Judge Grimes, promulgated on 10 March 2014, allowing the appellant�s appeal under Article 8 of the ECHR, on the following grounds:
(4) The judge has failed to consider whether the appellant and sponsor can continue their family life outside the UK and in particular whether there are any insurmountable obstacles to family life continuing outside the UK � the judge has failed to identify any circumstances which would render the appellant�s removal unjustifiably harsh.
Following the grant of permission, the appellant filed the following response under Rule 24:
Mr Matthews adopted the grounds, and submitted further that �insurmountable obstacles� although not to be interpreted literally is not a low threshold. The case depended to some extent upon the medical condition of the appellant�s partner, the medical evidence for which was only a one sentence letter from her GP stating that she �suffers from depression and needs support from her family and partner.� There was nothing to justify the judge�s finding that insurmountable obstacles existed. The child was not required to leave the UK.
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