IA104932013

For the Appellant: Professor W M Rees, instructed by Messrs Haq Hamilton Solicitors

The appellant, a citizen of Pakistan appeals, with permission, against a decision of Judge of the First-tier Tribunal McIntosh who in a determination promulgated on 3 September 2013 dismissed the appellant�s appeal against a decision of the Secretary of State to refuse him leave to remain under the long residence Rules.

The appellant�s application was made on 3 July 2012 before the coming into force of the new Rules and was therefore dealt with under the provisions of paragraphs 276B(i)(a) and (i)(b) of HC 395. The appellant did not contend that he had lived for ten years legally in Britain but rather that he had lived here without permission for fourteen years.

The judge, having noted the evidence of the appellant stated in paragraph 24 of the determination that she had considered the rights of the appellant to remain under paragraph 276B(i)(a) and found that he had not done so. It was of course never claimed by the appellant that he had done so.

With regard to the issue of the appellant�s rights under Article 8 she stated that:-