IA244912015

This is an appeal by the Secretary of State for the Home Department against the decision of the First-tier Tribunal allowing Mrs Donaldson's appeal against the respondent's decision to refuse her human rights claim.

For the purposes of this decision, I shall hereinafter refer to the Secretary of State as the respondent and Mrs Donaldson as the appellant, reflecting their positions as they were in the appeal before the First-tier Tribunal.

In a letter dated 12 May 2015 responding to the respondent's request for further information it was confirmed that the appellant's nephews and niece had returned to live with their parents, albeit under supervision, and further that Tyrone resided with the appellant and his father.

Permission to appeal to the Upper Tribunal was sought by the appellant as well as the respondent. The appellant sought to challenge the judge's findings under Appendix FM. Permission was refused and the application was not renewed in the Upper Tribunal.

However permission to appeal was granted to the respondent on 18 January 2017 on the basis that the judge had failed to identify the compelling circumstances justifying a consideration of Article 8 outside the immigration rules and had failed to consider section 117 of the Nationality, Immigration and Asylum Act 2002.