IA176922014

The respondent, Seun Rilwan Anifowose, was born on 11 March 1990 and is a male citizen of Nigeria. I shall hereafter refer to the appellant as the respondent and the respondent as the appellant as they appeared respectively before the First-tier Tribunal.

The appellant appealed against a decision of the respondent dated 2 April 2014 refusing him indefinite leave to remain in the United Kingdom. First-tier Tribunal (Judge Ransley) in a determination promulgated on 4 August 2014, allowed the appeal on human rights grounds (Article 8 ECHR). The Secretary of State now appeals, with permission, to the Upper Tribunal.

The appellant entered the United Kingdom in October 2012 with leave to enter as a Tier 4 (Student) until 30 January 2014. On 29 January 2014, he made a further application to remain in the United Kingdom on Article 8 (family life) grounds. The appellant�s partner (Ms Fox) is 19 years old and is a British citizen. The couple have a young child which was 8 weeks old at the date of the hearing before the First-tier Tribunal. The judge found that the appellant is actively seeking a permanent job and was likely to obtain work with an annual gross salary of around �18,000 per annum.

The grounds of appeal assert that the judge failed to apply Gulshan (Article 8-new rules-correct approach) [2013] UKUT 640 (IAC) . The respondent asserts that there were no exceptional circumstances in this case nor would there be an unjustifiably harsh outcome if the appellant were required to leave the United Kingdom. The grounds assert that the appellant and his partner could continue their family life together in Nigeria. Alternatively, the appellant could apply for entry clearance out of country as the partner of Ms Fox.