UI2024001177

      This is the re-making of the decision in the appellant's appeal against the respondent's refusal of his human rights claim.

      The appellant's human rights claim was based on family and private life under Article 8, it being said that the couple could not go and live in Albania, that separation would be disproportionate, and that there would also be very significant obstacles to reintegration into Albanian society.

      In refusing the human rights claim, the respondent concluded that: the appellant could not satisfy Appendix FM to the Immigration Rules ("the Rules") due to his immigration status; there were no insurmountable obstacles to the couple going to live in Albania, with reference to EX.1 of Appendix FM ("EX.1"); there were no very significant obstacles to the appellant reintegrating into Albanian society; and there were no exceptional circumstances in the case.

      The First-tier Tribunal (Judge Chapman - "the judge") dismissed the appellant's appeal by a decision promulgated on 22 January 2024. In summary, the judge found that:

(b)     The appellant had resided in the United Kingdom unlawfully since his arrival in 2013;