IA015462014

This is an appeal against the determination of First-tier Tribunal Judge Carroll, promulgated on 18 th September 2014, following the hearing at Taylor House on 28 th August 2014. In the determination, the judge dismissed the appeal of Adedeji Adesiyan Ogunsola. The Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male, a citizen of Nigeria, who was born on 28 th February 1981. He appeals against the refusal of his application to remain in the UK as a Tier 1 (General) Migrant, the refusal letter being dated 10 th December 2013.

The Appellant�s Claim is that he had provided evidence such as to enable him to succeed in his application. He could show sufficient income. This is because he was the sole director and shareholder of his company. A dividend was declared to the required amount such as to enable him to satisfy the financial requirements under the Rules.

Finally, the judge gave consideration to the Appellant�s Article 8 rights. The judge held that the Appellant had only ever had limited leave to remain in the UK. There was no expectation of any more permanent grant of leave to remain. His wife had leave to remain in an independent capacity until 28 th December 2015. At the time of the appeal before this Tribunal, that meant just under a period of twelve months� leave until the end of the year 2015. The judge observed that,

�it is claimed also that the Appellant and his wife are the parents of two small children. There is, however, no evidence to show any exceptional or compelling circumstances such as to require consideration of the application by reference to Article 8 of the 1950 Convention� (paragraph 8).