IA029592015

This appeal is not subject to an anonymity order by the First-tier Tribunal pursuant to rule 13 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014. Neither party has invited me to make an anonymity order pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698) and I have not done so.

The appellant appeals against the decision of the First-tier Tribunal dismissing the appellant's appeal against a decision taken on 14 January 2015 to refuse to grant further leave to remain and to remove the appellant from the UK.

The appellant applied on 28 October 2014 for active review of discretionary leave to remain in the UK on the basis of her family and private life in the UK. The respondent decided that the previous grant of discretionary leave was to allow the appellant to pursue direct contact with K and was not satisfied that those grounds still persisted. The application for further discretionary leave was refused. The appellant did not meet the requirements of Appendix FM or paragraph 267ADE of the Immigration Rules.

Permission to appeal was granted by Upper Tribunal Judge Chalkley on 20 August 2015. The appellant's hopes should not be raised unduly but it was arguable that the judge may have erred for the reasons given in the grounds. Permission to appeal was granted on all grounds.

In a rule 24 response dated 25 August 2015, the respondent stated that there was a concession by the appellant's representative that the only issue to be considered was Article 8. The judge considered the factual matrix of the case, considered the best interests of the child, considered Article 8 and arrived at conclusions that were open to him. There was no material error of law in the decision.