Zhang v A Decision of the Upper Tribunal

"Permission shall not be granted on the application unless the court considers that -

(a) the proposed appeal would raise some important point of principal or practice; or

[4] The applicant appealed to the Upper Tribunal. The grounds upon which he was granted leave by another judge of the First-tier Tribunal were that First-tier Tribunal judge Morrow had erred both in his decision respecting the applicable provision of the Immigration Rules and also in failing to consider the applicant's separate, free-standing claim that his removal from the United Kingdom would infringe his rights under article 8 ECHR. In his decision on the appeal from the Home Secretary's decision, the First-tier judge did not address to any extent the free‑standing article 8 claim.

[5] Those grounds were argued before the Upper Tribunal. In its decision, the Upper Tribunal records as part of the submission on behalf of the applicant that his private life ( scilicet in the United Kingdom), was "considerable". The determination of the Upper Tribunal however simply states:

"10. The arrangements set down in the transitional provisions, in particular Part A 277(c) and the interaction between Part 8 and Appendix FM, apply to Mr Zhang and because his relationship has broken down his application had to be considered under Appendix FM and paragraphs 276ADE to 276H.