OA121562013

After a hearing before me on 3 rd September 2014 attended by the sponsor, when the claimant was not represented, I was satisfied that the making of the decision of the First-tier Tribunal involved the making of an error on a point of law and I set aside the decision. The matter was adjourned for the decision to be remade at a continuation hearing before me today because the claimant wished to renew his legal representation and to consider the submission of further evidence.

The sponsor appeared again at the resumed hearing and the claimant was represented by Ms H Gore, counsel, who also had conduct of the case before the First-tier Tribunal Judge. I heard oral evidence from the sponsor and submissions on behalf of both parties at the end of which I reserved my decision which is now given with reasons.

Under the Immigration Rules the burden of proof is on the claimant and the standard of proof required is on the balance of probabilities. The appeal must be determined on the circumstances appertaining at the date of the decision to refuse.

Everyone has the right to respect for his private and family life, his home and his correspondence.

There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.