IA224652014

The appellant appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on May 23, 2014 and on August 19, 2014 Judge of the First Tier Tribunal Lever (hereinafter referred to as the �FtTJ�) heard her appeal and in a determination promulgated on September 5, 2014 he refused her appeal on the basis she had failed to satisfy the requirements of the Immigration Rules or demonstrate that removal would breach her article 8 human rights.

The appellant lodged grounds of appeal on September 12, 2014 and on October 16, 2014 Judge of the First-tier Tribunal Gibb gave permission to appeal finding there were grounds that the FtTJ had arguably erred by confusing exceptional circumstances and compelling circumstances with insurmountable obstacles.

The matter came before me on the above date and on that date the appellant and her husband were in attendance.

I have carefully considered the submissions in this matter and in particular whether the FtTJ has erred in applying the correct test that had to be applied in this appeal.

I accept Mr Aslam�s submission that the FtTJ wrongly recorded in paragraph [3] of his determination the respondent�s position. The refusal letter makes clear in paragraphs [9] and [11] that the mandatory requirements of Section E-LTRP were met and in paragraph [12] the respondent stated the claim could be considered under Section EX.1 of Appendix FM. However, in light of the detail assessment of the appellant�s claim in the remaining part of the determination I am satisfied that this had no impact on his reasoning and consequently it does not amount to an error in law.