IA002492014

The appellant appeals against a determination by First-tier Tribunal Judge L K Gibbs, dismissing his appeal against refusal of an application made on 20 March 2012 under Article 8 of the ECHR, on the basis of his marriage to a UK citizen on 10 January 2012.

Ground 1 of appeal to the UT relies upon EB (Kosovo) v SSHD [2008] UKHL 4 at �12, Amrohalli v Denmark , Application 56811/00, ECtHR, and AB (Jamaica) v SSHD [2007] EWCA Civ 1302 to argue that the appellant�s spouse could not reasonably be expected to relocate with him in Bangladesh. It further submits that the judge erred by finding no arguably good grounds for granting leave outside the rules and by not considering Article 8 �on a freestanding basis�, and in reason could only have concluded that there are exceptional circumstances rendering the refusal unduly harsh.

Ground 2 alleges an error of fact resulting in unfairness. The judge at �14 said that only limited weight could be given to the spouse�s family ties in the UK because no family members attended court or provided statements, but her bundle contained a letter of support from her sister. It is also said the Judge �ignored the undisputed fact that [the appellant�s wife] is being tested for cancer�.

It is arguable that the judge concluded that family ties were limited because of an incorrect understanding of the evidence. It is debatable whether that made a material difference � but � arguable that it did � I do not refuse permission on the remaining grounds although they have less merit.

In reply, Mr Bradley said that the Judge, having referred parties to Edgehill , erred by accepting mistaken submissions and failing to see that the case required decision under the �old Rules�.