IA127642015

This is an appeal against the determination of First-tier Tribunal Judge J L Bristow, promulgated on 29 th March 2018, following a hearing at Birmingham on 19 th March 2018. In the determination, the judge dismissed the appeal of the Appellant, whereupon the Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male, a citizen of Jamaica, and was born on 28 th August 1980. He appeals against the decision of the Respondent dated 28 th May 2014, refusing his application for leave to remain in the UK on the basis of his Article 8 rights.

The essence of the Appellant's claim is that he married a [LW], on [ ~ ] 2014. A daughter of the marriage was born on [ ~ ] 2014. She is now 3 years of age. There had been a rejection of that claim on 28 th May 2014 and on 26 th March 2015. That had been appealed. An adverse decision in the First-tier Tribunal had been reversed by the Upper Tribunal on 14 th February 2017. Thereafter on 9 th March 2018 a second child had been born to the Appellant and his wife. The decision of Judge Bristow was against that background.

The Appellant's application had been refused essentially on "suitability" grounds because of his criminal activities, and it was decided that the Article 8 claim inevitably fell to be refused in those circumstances.

The judge had regard to the fact that the Appellant admitted that there had been convictions at Birmingham Magistrates' Court in 2012. However, he disputed that he had a caution administered to him for obstructing a police constable on 5 th October 2009. He disputed that he was associated with drugs and gangs on the basis that reference had been made to an entirely different person in this regard and that he had been wrongly implicated.