IA168212014

The appellant is a citizen of Kenya born on 30 th May 1976. She arrived in the UK on 17 th August 2002 as a student. She had leave until 30 th November 2009 and then made a number of applications which were rejected. On 6 th march 2014 she made a human rights application to remain. This was refused on 19 th March 2014. Her appeal against the decision was dismissed by First-tier Tribunal Judge Mitchell in a determination promulgated on the 11 th November 2014.

Permission to appeal was granted by Judge of the First-tier Tribunal PJM Hollingworth on 8 th January 2015 on the basis that it was arguable that the First-tier judge had erred in law as the private life of the appellant and her daughter had been established when they were lawfully present in the UK and at paragraph 20 of the determination Judge Mitchell had said that little weight should be given to their private lives as they had been established when their leave was precarious.

The matter came before me to determine whether the First-tier Tribunal had erred in law.

Ms Gore relied upon her grounds of appeal. In her grounds of appeal she argues that the appellant had not established her private life in the UK when her leave was precarious and therefore the First-tier Tribunal had erred in law in stating this was the case. Insufficient weight had been given to the seven years the appellant had been in the UK lawfully. Leave as a student was not precarious as it was possible to extend the leave, work permission had been granted and it was possible to get indefinite leave to remain after ten years in this capacity.

The First-tier Tribunal had also failed to give sufficient weight to the appellant�s daughter�s six years of residence in the UK. It was also not open to the Tribunal to hold that she had not shown she would not be a burden on tax payers when the evidence before the Tribunal was that the appellant and her daughter had lived supported by friends and charity organisation and that they had never received benefits.