UI2024001199

             The appellant, a national of Thailand born on 15 th January 1975, appeals against the decision of First-tier Tribunal Judge (the judge) dated 4 th January 2024 which dismissed the appellant's appeal. She had appealed against the respondent's decision of 29 th December 2022 refusing her application dated 17 th October 2022 for leave to remain in the UK as an unmarried partner. She had entered the UK as a visitor on 17 th April 2022 and that visa was valid to 17 th October 2022.

             The appellant has a child who is a British national, TA, who at the time of the hearing in December 2023 was 11 years old. The grounds of appeal were as follows:

(iii)        The judge was guided to SF and others (Guidance, post-2014 Act) Albania [2017] UKUT 120 (IAC) at [12] which allows the Tribunal to apply the respondent's guidance when considering its decision. The judge was advised the processing times were 24 weeks and started once identity is verified. The disruption to the child's education was a feature which should have been taken into account. It was not reasonable to expect the child to leave.

             Permission to appeal was granted and which grant noted that the judge found the appellant did not meet the definition of partner in GEN.1.2. It was stated the findings on insurmountable obstacles regarding return of the partner were arguably inadequately reasoned as to the extent of the health issues. On ground 2 it was arguable the judge failed to undertake an adequately needed best interests assessment as a result of granting on 1 and 2 the judge also permitted the ground on 3 to be argued.

             The husband of the appellant had in the past split his time between Thailand and the UK and his illness did not inhibit him from travelling and residing abroad.