UI2021001899

             The Appellant is a national of The Gambia. She appeals against the decision of First-tier Tribunal Judge Kudhail ("the Judge") dated 26 April 2021 whereby he dismissed her appeal against the Respondent's decision dated 27 March 2020 refusing of her human rights claim. By that claim she had sought to remain in the UK on the basis of her Article 8 family and private life rights.

             The issues for resolution by the Judge were stated at para.2 of the Appellant's Skeleton argument as:

" 42. With regards to Mr Michael's age, I accept he is elderly at approximately 81 years and this will make it difficult for him to move to a new country. I also accept he has business in the UK given the evidence, which supports his claim that he manages these businesses. Whilst I completely sympathise with the couple and appreciate this is a difficult and stressful process, what is clear is that both parties were aware of the appellants [sic] immigration status as an overstayer when they entered into their relationship.

It was also argued Mr Michael has children in the UK, however I note we have no evidence from these children, who by his own evidence are adults. There was no evidence of a dependency beyond normal emotional ties, so I do not see this as a factor which would be insurmountable as modern communication methods are available.

On balance, looking at all the circumstances, I am satisfied that there are not insurmountable obstacles to family life continuing in Gambia. Thus, I find the high threshold set by para EX.1 has not been met in this case. "