IA125372014

Although this is an appeal by the Secretary of State I shall refer to the parties as in the First-tier Tribunal. The Appellant is a citizen of Sri Lanka born on 10 th June 1989. His appeal against the decision to remove him was allowed by First-tier Tribunal Judge Dineen under the Immigration Rules and on Article 8 grounds on 14 th April 2015.

The Appellant entered the United Kingdom on 15 th September 2009 as a Tier 4 (General) Student valid until 1 st November 2012. He married a British citizen on 31 st August 2011. He submitted a Tier 4 application for leave to remain on 27 th November 2012 which was refused on 18 th January 2013. A further Tier 4 application on 21 st February 2013 was refused on 4 th July 2013. He was served notice as an overstayer on 3 rd June 2013.

On 3 rd July 2013, the Appellant made an application as the spouse of a British citizen. This application was refused on 9 th September 2013 and a One-Stop Notice was issued on 24 th January 2014. The Appellant made representations on human rights grounds on 3 rd February 2014. Those representations were rejected for the reasons given in the letter dated 19 th February 2014 and a decision to remove the Appellant to Sri Lanka was made on the same date. The Appellant appealed on 10 th March 2014 and the appeal was heard by First-tier Tribunal Judge Dineen on 17 th October 2014

The judge found that the Appellant and Sponsor were truthful witnesses and each of them had been consistent. The relationship was genuine and subsisting. The judge went on to consider paragraph EX.1 and made the following findings:

"34. So far as this requirement is concerned, it is not necessary for the appellant to show that there are obstacles which literally cannot be surmounted. It is not necessary to show it is impossible to surmount any such obstacle. It is a question of whether there are particularly compelling reasons arising from the specific circumstances of the case why leave to remain should be granted.