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The Appellant appealed with permission granted by Designated First-tier Tribunal Judge McCarthy on 8 June 2017 against the determination of First-tier Tribunal Judge Chana who had dismissed the appeal of the Appellant seeking settlement outside the Immigration Rules on Article 8 ECHR grounds. The decision and reasons was promulgated on 4 May 2017.
Permission to appeal was granted on the sole ground that it was arguable that the judge had failed to consider the well being of the Appellant's child when assessing proportionality for Article 8 ECHR purposes. That may have been caused by the failure of the Appellant to produce any evidence on the subject.
Standard directions were made by the tribunal. No rule 24 notice opposing the appeal was filed by the Respondent, however Mr Clarke confirmed at the hearing that the appeal was indeed opposed.
Mr Clarke for the Respondent submitted that there was plainly no material error of law. The onwards appeal should be dismissed.
It is not easy to see what more the judge could have done, given the evidence before her. Section 117B(6), part of the statutory public interest consideration applicable to the tribunal's consideration of Article 8 ECHR, is in the following terms:
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