UI2023003418

             The Appellant is a national of Bangladesh. He appeals from the decision of First-tier Tribunal Judge Meyler ("the Judge") promulgated on 28 March 2023 ("the FTT Decision"), whereby she dismissed the Appellant's appeal against a refusal by the Respondent dated 10 January 2022 of his human rights claim. Permission was granted by Upper Tribunal Judge O'Callaghan on 8 September 2023 on both grounds relied on in the "Renewal Grounds" dated 17 August 2023.

             I have not been asked to make an anonymity order. Having regard to the importance of the open justice principle, there is no basis for doing so in the circumstances of this case of my own motion.

             The hearing of this appeal took place in person at Field House. The bundle I had at the hearing contained the original grounds of appeal that had been relied on when the Appellant sought permission to appeal from the FTT, but unfortunately did not include the Renewal Grounds mentioned above. They overlap to a significant degree but are not identical and Mr West helpfully explained them to me orally at the hearing and has since supplied a further copy.

             Before the First-tier Tribunal ("the FTT") the Appellant relied on both Article 3 and Article 8 ECHR. His grounds of appeal before this Tribunal challenge the decision only in so far as it relates to Article 8. Given the way in which the Grounds are formulated however, as set out below, it is necessary to consider briefly parts of the Judge's reasons in relation to the Article 3 claim also.

             After setting out the Appellant's immigration history, details of the hearing, the Appellant's evidence and a short summary of the Respondent's refusal letter, the Judge set out her findings of fact at paras. 23-32, her assessment of the Article 3 claim at paras. 33-40, her assessment of paragraph 276ADE of the Immigration Rules at paras. 41-48 and her assessment of Article 8 outside of the Immigration Rules at paras. 49-72.