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On 14 th January 2015 Judge of the First-tier Tribunal Osborne found that there was an arguable error of law and granted permission to appeal because it was arguable that Judge Kainth had not given proper consideration to the appellant�s legal stay and qualification as a nurse. Whilst these issues were not determinative of the issue of proportionality they should have been considered before making a proper decision.
The matter came before me to determine whether the First-tier Tribunal had erred in law.
As the end of the hearing I informed the parties that I found that the First-tier Tribunal had not erred in law. I set out my reasons below.
Ms Record conceded that Judge Kainth had applied the correct test at paragraph 19 and 30 of his determination when looking at the issue of the proportionality of the interference with the appellant�s Article 8 ECHR rights outside of the Immigration Rules.
Judge Kainth had clearly considered the matter of the appellant�s ability to contribute to the UK economy and society. He explicitly says that he has done so at paragraph 30 of his determination and from his summary at paragraph 13 was clearly aware that she was a qualified nurse with a job offer in a skill shortage area.
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