IA168952015

For the Appellant: Ms J L Blair, Counsel, instructed by Haringey Migrant Support Centre

The appellant, a citizen of the DRC, appeals against a decision of Judge of the First-tier Tribunal Devittie, who in a determination promulgated on 17 October 2016 dismissed his claim for leave to remain on human rights grounds. The appellant did not appear before Judge Devittie and it is argued in the grounds of appeal that is because of a mistake of the solicitors whom he instructed to represent him.

"A detailed, candid explanation was provided by a voluntary organisation who continue to assist the appellant and I accept that the appellant was unaware that his hearing would proceed after his previous solicitors ceased acting very shortly before the hearing owing to the absence of legal aid for Article 8 cases."

The reality is that the appellant has been in Britain for some considerable time and it appears that he has four children who have been born here who may all, or some of them may well be, British. It also appears that the Secretary of State was only aware of the first two children when making the decision. I cannot find on the papers any clear statement from the appellant regarding his various relationships and the children which he has had.

Nevertheless, the issue of the relationship between a father and his children is one of particular importance and one which requires anxious scrutiny, not only because of the terms of Section 55 but also those in Section 117B of the 2002 Act - this is highlighted in the decision of Judge Kamara.