OA095802014

The appellants' appeal to the First-tier Tribunal was against the decision of the respondent dated 5 August 2014 to refuse his application for entry clearance as a partner under Appendix FM of the Immigration Rules.

"[21] there were no issue of credibility in this appeal. I found the sponsor to be honest and truthful witness.

[22] "I was also assisted by the acknowledgement by Mr Selwood that the appellant did not meet the financial requirements of Appendix FM and that the appeal could not succeed under the Rules. On the evidence before me, this was an entirely proper concession to make, and I would have found that appendix FM was not satisfied had that been an issue in these proceedings."

[28] "in considering the best interests of the children, I take into account that all three children are British nationals. They have spent the whole of their lives in the United Kingdom. They are now all being educated here.... The two eldest children have a strong relationship with their father, who they see regularly. I do not consider it would be reasonable that they, or indeed, the younger brother should relocate to the Philippines. There is no evidence of any ties up there apart from the appellant".

[29] "it is well established jurisprudence in immigration matters and elsewhere, that the best interests of children are to remain with their parents, in the absence of other factors which I have variously been described as countervailing, compelling or very strong contraindications, they should be no movement from the starting point. These are of course general principles and can be affected by specific factors in individual's case".