IA174692014

The Appellant, a national of the Philippines, appealed to the First-tier Tribunal against the decision of the Secretary of State dated 12 th March 2014 to refuse her application for leave to remain in the United Kingdom. The appeal was dismissed by First-tier Tribunal Judge Mozolowski in a decision dated 17 th April 2015. The Appellant now appeals with permission to this Tribunal.

At the hearing of the appeal before the First-tier Tribunal the Appellant's representative accepted that the Appellant could not meet paragraph 159G of the Immigration Rules as she had not established five years' continuous lawful residence. However, he argued that the immigration decision would breach the UK's obligations under the Human Rights Convention.

In her Grounds of Appeal the Appellant contends that the judge erred in reaching a decision without adequate consideration of the best interests of the children as required by Section 55 of the Borders, Citizenship and Immigration Act 2009. It is secondly contended that the judge undertook an erroneous approach to Article 8 in failing to give adequate assessment of the Appellant's right to respect for family life in accordance with the five stage test set out in the case of R v SSHD ex parte Razgar [2004] UKHL 27 .

Permission to appeal was granted on the basis that it is arguable that an overall analysis of the relevant factors together with the conclusions to be drawn from such analysis had not been furnished in the decision in relation to Section 55 and that an arguable error of law had arisen in relation to the consideration of Article 8 in that the criteria in Razgar had not been applied or set out.

In light of Mr Kotas' concession and considering the determination as a whole I accept that the judge did not give adequate consideration to the best interests of the children and I set the decision of the First-tier Tribunal aside. Mr Kotas confirmed that there was no challenge to the findings of fact made by the judge and I preserve those findings.