IA021432014

This is an appeal against the determination of First-tier Tribunal Judge Camp, promulgated on 1 st December 2014, following a hearing at Birmingham, Sheldon Court on 7 th November 2014. In the determination, the judge allowed the appeal of Manshura Begum. The Respondent Secretary of State, subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a female citizen of Pakistan who was born on 1 st January 1957. She applied for indefinite leave to remain outside the Immigration Rules on the basis that she wished to remain in the UK to provide care for her daughter (Zakia), who was said to suffer from mental health problems, and to care for Zakia�s daughter (Asila). This was after the Appellant had entered the UK as a visitor on a six months� visa from 14 th February 2013 to 14 th August 2013.

The judge recounted the evidence which was that Zakia had been living with her daughter Asila in Bradford when they moved to Birmingham, after which Zakia�s daughter, Asila, was taken away from her. Zakia was not supported by Social Services in Birmingham. She had been supported in Bradford. Birmingham Social Services were happy with the way in which Zakia was receiving support from the Appellant. Zakia�s health had been good in Pakistan but her mental state had deteriorated in the United Kingdom because of her treatment by her husband. She had been in the United Kingdom for nine or ten years.

When the Appellant came to the UK in February 2013, she had intended to return back to Pakistan, �but Zakia�s health had deteriorated� (paragraph 13) and the Appellant wanted to provide her with support. There was evidence before the Tribunal that Zakia�s ex-husband had no contact with her except sometimes when Zakia contacted Asila by telephone.

The judge heard submissions in relation to the application of Section 117 of the 2002 Act (paragraph 22). He heard submissions from Mr Lane that: