IA001102014

The appellant, Khurram Shehzad, date of birth 17.8.84, is a citizen of Pakistan.

This is his appeal against the determination of First-tier Tribunal Judge Simpson promulgated 16.9.14, dismissing his appeal against the decision of the secretary of State, dated 2.12.13, to refuse his application made on 24.9.12 to extend his discretionary leave to remain in the UK and to remove him from the UK by way of directions under section 47 of the Immigration Asylum and Nationality Act 2006. The Judge heard the appeal on 24.6.14.

The relevant background can be summarised as follows. The appellant first came to the UK with leave as a spouse in 2005. In 2008 his application to extend leave to remain was refused, as his marriage was no longer subsisting. However, he was granted discretionary leave to remain until 1.10.12 on the basis of being the parent of a British citizen child in respect of whom he was to commence access rights.

As the appellant did not have access rights to his child and did not provide evidence that he was taking and intended to continue to take an active role in the child�s upbringing, he failed to meet the eligibility requirements of Appendix FM. Neither did he meet 2876ADE in respect of private life.

At the hearing before Judge Simpson the appellant stated that at the last family hearing on 10.6.14, a new CAFCASS report was commissioned because his wife reported that their child no longer wished to see the appellant. A new hearing date was fixed for September 2014, some 3 months after the hearing before the First-tier Tribunal.