OA108352013

The appellant, Christian Antony Rodriguez Siguentes, date of birth 12.4.85, is a citizen of Peru.

This is his appeal against the determination of First-tier Tribunal Judge Gurung-Thapa promulgated 13.5.14 dismissing his appeal against the decision of the respondent, dated 3.4.13 to refuse him entry clearance to the United Kingdom the partner of Natalie Louise Rodriguez, pursuant to appendix FM of the Immigration Rules. The Judge heard the appeal on 15.4.14.

The relevant background to the appeal can be summarised briefly as follows. The appellant lived (mostly unlawfully) in the UK from November 2004 until his voluntary departure in December 2012. The appellant and the sponsor have been in a relationship since 2006 and have a child together. At the date of the appeal hearing the sponsor was expecting the appellant�s second child, born by the date of the First-tier Tribunal appeal hearing.

At the First-tier Tribunal appeal hearing Ms Campbell accepted that the appellant did not meet the requirements of Appendix FM and that had been made clear in the covering letter with the application. However, it was submitted under article 8 ECHR that the best interests of the children were to be with the appellant but not to be removed from the UK; the decision of the Entry Clearance Officer meant that family life would be extinguished.

In granting permission to appeal, Judge Grant stated, �The grounds of application assert correctly that the First-tier Tribunal Judge arguably erred in law in that having found exceptional and compelling circumstances to make an Article 8 assessment and having then found that it is in the best interests of the British children of the marriage to be raised by both parents and that there is a positive obligation on the State to facilitate family reunion she went on to dismiss the appeal.�