OA100972013 & OA100982013

For the Appellants: Mr A Mills of Counsel instructed by Kilby Jones Solicitors LLP

I find in each appeal that there no material error of law is established. I will deal with the position of the minor child first, bearing in mind her minority so that the decision in respect of her case impacts on that of the First Appellant, her father.

The Respondent�s grounds complain, it having been conceded that her application could not succeed under the Immigration Rules, that the judge had failed to identify compelling circumstances in her situation justifying a decision allowing her appeal on Article 8 grounds outside of the Immigration Rules, or as alternatively expressed under the wider jurisdiction of Article 8 ECHR.

The judge found that the sponsoring mother who gave evidence before him was in all salient matters credible, and accepted her entire account, so that the background that led to her giving birth to this child in Albania rather than in the UK where she had and continues to have permanent settlement is rehearsed in the decision and is not been contested in these grounds.

The judge noted the very difficult position of the mother having a 14 year old British child in education here in the United Kingdom, and her partner in Albania. The mother�s need to visit Albania is self evident, and reflected by the Respondent�s assertion that she can maintain her relationship with her partner by such visits, her need to spend time here follows from the need to maintain the family relationship between her and her 14 year old son here