IA016732012

The Appellant is a citizen of Jamaica, born on 23 rd May 1945. She arrived in the UK on 16 th March 2010 with six months� leave to remain as a visitor. She applied for settlement three months later on 1 st June 2010 as a dependent relative. Her application was refused and subsequent appeals dismissed and she became appeal rights exhausted on 10 th June 2011.

She made a second application for settlement on 4 th July 2011 which was again refused. She appealed to the First-tier Tribunal and in a determination promulgated on 28 th February 2012 Immigration Judge Majid dismissed her appeal. The Appellant applied for leave to appeal to the Upper Tribunal. Permission was granted on 21 st March 2012 and, on 26 th April 2012, Upper Tribunal Judge Craig set aside the decision.

The matter then came before Deputy Upper Tribunal Judge Chana on 7 th June 2012 and she again dismissed the appeal. The Appellant sought permission from the Upper Tribunal to appeal to the Court of Appeal and permission was granted on 3 rd October 2012 by Senior Immigration Judge Chalkley.

The Respondent agreed with the Appellant that it was arguable that there was a material error of law in the determination of Deputy Upper Tribunal Judge Chana and the parties agreed to the matter being remitted for an appeal hearing.

By consent, on 1 st July 2013, the Court of Appeal allowed the appeal to the extent that it be remitted to the Upper Tribunal to be heard by a differently constituted Upper Tribunal. Thus the matter came before me.