UI2023003180

              This is a remaking decision in respect of the appellant's appeal against a decision of the Secretary of State dated 1 December 2022 refusing her human rights claim. On 12 July 2024 I set aside the decision of First-tier Tribunal Judge Trevaskis for the reasons given in my decision appended at Annex A of this decision.

              I have already set out the history of the appeal in the earlier decision. In summary the appellant is a citizen of Albania born in the United Kingdom on 30 June 2022. Her mother, an Albanian citizen, entered the United Kingdom as a visitor whilst pregnant with the appellant. Her father is an Albanian citizen who has pre-settled status in the United Kingdom on the basis of his marriage to a Romanian national.

              The appellant asserts that it would be a breach of Article 8 ECHR to require her to be removed from the United Kingdom because it is in her best interests to remain in the United Kingdom where she can have a relationship with her father who plays a large part in her upbringing. To remove her would constitute a disproportionate breach of Article 8 ECHR.

              The respondent's position is that the relationship with her father can be maintained by visits and electronic means of communication and that the public interest outweighs the appellant's right to respect for family life.

              I heard oral evidence from the appellant's mother Ms Ibra with the assistance of an Albanian interpreter. The witness confirmed that she understood the interpreter. I also heard evidence from the appellant's father Mr Hykaj who gave his evidence in English.