UI2023000405

             Permission to appeal was granted by a Judge of the First-tier Tribunal and Deputy Upper Tribunal Judge GA Black found that the First-tier Tribunal had erred in law for the reasons set out in her decision appended at Annex A to this decision.

             The matter now comes before me to remake the appeal.

             The documentary evidence in support of his claim shows that he has an MBA from the University of Wales dated 1 st May 2013. In addition he has submitted letters in support confirming that the applicant is well regarded (kind, respectable, hardworking and caring) and enjoys private life ties with the five writers, namely Adnan Niaz, Manel Bouchou Niaz, Syed Nisar Hussain Shah, Imran Saad Qureshi and Fayyaz Ahmed.

             The respondent submits that the appeal should be dismissed, and relied upon the reasons for refusal letter of December 2021, the review of July 2022, the skeleton argument from the error of law hearing dated 22 nd May 2023, and oral submissions from Ms Kerr.

             It is argued that the appellant cannot succeed in his Article 8 ECHR appeal by relying upon Immigration Rule 276B as he became appeal rights exhausted on 5 th December 2016 and so has only ever been lawfully present for five years and eleven months, his subsequent time in the UK having all been without leave to remain. He cannot therefore meet the requirements of the Immigration Rules at paragraph 276B to have been lawfully present for ten years.