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(Immigration and Asylum Chamber)��������������������������������� Appeal Numbers: IA/01270/2012
This is the Appellants� appeal against the decision of Immigration Judge Chohan made following a hearing at Birmingham on 14 th February 2012.
The first Appellant arrived in the UK on 26 th June 2002 with leave to enter as a visitor and overstayed.� On 3 rd October 2006 her daughter, the second Appellant, was born.� The first Appellant and the second Appellant�s father are now separated and the father is in another relationship from which he has a 3 year old son.
On 10 th August 2008 the Appellants made an application for leave to remain in the UK for a purpose not covered by the Immigration Rules which was refused on 29 th July 2009.� She then requested her case to be considered under the ECHR, particularly Article 8 and the application was refused again in a notice of decision dated 4 th January 2012.
Permission to appeal was granted by Judge of the First-tier Tribunal E B Grant on 3 rd April 2012 who stated that it was arguable that the judge had erred in law in distinguishing the second Appellant�s circumstances from those of the child referred to in ZH and in failing to go on and consider the best interests of the second Appellant.
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