LM (Article 8 - married appellant - proportionality) Jamaica

LM (Article 8 - married appellant - proportionality) Jamaica [2010] UKUT 379(IAC)

It was not a violation of Article 8 ECHR to remove the appellant to Jamaica given that she married her BOT citizen husband from Montserrat when she was here without leave, substantially failed to comply with the Immigration Rules, had no UK born children and strong family connections in Jamaica, including three children one still a minor. Despite the fact that the settled husband was in receipt of invalidity benefit here, it was reasonable to expect him to follow the appellant to Jamaica.

� 1.� This is the first stage of the reconsideration of the appeal of the Appellant, a national of Jamaica. Her appeal against the Respondent's decision of 6 February 2009 to give directions for her removal from the United Kingdom was dismissed on immigration grounds and on human rights grounds by Immigration Judge Alis following a hearing on 7 April 2009.

At the first-stage of the reconsideration on 9 November 2009, Mr. P. E. Anyakudo, of Gramyko Amedu Solicitors, represented the Appellant. Ms. D. Cantrell, Senior Home Office Presenting Officer, represented the Respondent.

It was accepted on the Appellant�s behalf before the Immigration Judge and before me that the Appellant�s appeal under the Immigration Rules could not succeed. This is because the Appellant does not satisfy the requirements of paragraph 284(i) of the Immigration Rules. The Appellant does not have limited leave to remain in the United Kingdom. She was granted leave to enter as a visitor on 26 December 2001 for six months. Her leave expired on 26 June 2002.