IA016192014

In this document I will refer to the parties by the style in which they appeared before the First-Tier Tribunal.

The appellant is a male citizen of Algeria, born 12 March 1968. He entered the United Kingdom as a visitor in August 1990 or 1993. He has remained in the United Kingdom without valid leave. He subsequently made application for leave to remain on the basis of his relationship with his sponsor. That application was refused and the respondent issued removal directions under Section 47 of the 2006 Act. The appellant appealed those decisions.

The appellant�s appeal came before Judge of the First-Tier Tribunal Walker sitting at Newport in August 2014. There was an oral hearing. Each party was represented. Both the appellant and his sponsor gave evidence.

In a determination dated 22 August 2014, Judge Walker allowed the appellant�s appeal on human rights grounds, but dismissed it under the rules. Paragraph 36 of her determination records the view that the appellant could not succeed in the appeal other than �possibly� under Article 8 ECHR.

The respondent sought leave to appeal alleging a material misdirection of law. In summary, the respondent alleges that Judge Walker erred in failing to properly deal with Article ECHR in the light of then case law and a failure on her part to properly consider the effect of Section 117B of �the Immigration Act 2014� (sic). It is also alleged that the determination contained incorrect facts with regard to the failure to remove the appellant. Finally, it was submitted by the respondent that the appellant�s circumstances �are not exceptional and are merely an ordinary family life claim�.