VA121382013

This is an appeal, by the , against the decision of the First-tier Tribunal (Judge Shahzad Aziz), sitting at Hatton Cross on 3 January, to a family visit appeal by a citizen of Egypt, born 1 August 1992. Since the appellant�s mother and sister had only limited leave to remain in this country, he had a right of appeal only on human rights grounds.

The judge allowed his appeal on article 8 grounds, without dealing, even in passing, with any of the recent authorities of the Court of Appeal, the Administrative Court, or this Tribunal about cases of this kind: of course there would have been nothing wrong with that, so long as he had made it clear that he was following the principles laid down in them.

(iv) MF (Nigeria ) [2013] EWCA Civ 1192 held that the new immigration rules regarding deportation of a foreign criminal are a complete code. This was because of the express requirement in them at paragraph 398 to have regard to exceptional circumstances and other factors.

(v) It follows from this that any other rule which has a similar provision will also constitute a complete code;

(vi) Where an area of the rules does not have such an express mechanism, the approach in R (Nagre) v Secretary of State for the Home Department [2013] EWHC 720 (Admin) ([29]-[31] in particular) and Gulshan (Article 8 - new Rules - correct approach ) [2013] UKUT 640 (IAC) should be followed: i.e. after applying the requirements of the rules, only if there may be arguably good grounds for granting leave to remain outside them is it necessary for Article 8 purposes to go on to consider whether there are compelling circumstances not sufficiently recognised under them.