IA184202013

This is an appeal to the Upper Tribunal, with permission, by the Secretary of State with regard to a decision of the First-tier Tribunal (Judge Quinn) promulgated on 28 th January 2015 by which it allowed the Respondent's appeal against the Secretary of State's decision to refuse to vary his leave to remain in the UK and to remove him to India.

The grounds upon which permission to appeal was granted assert that the First-tier Tribunal failed to give reasons or adequate reasons for its findings, in particular for finding Article 8 family life between the Appellant and his mother, why he would qualify for a derivative right of residence under the EEA Regulations and that the First-tier Tribunal Judge did not give reasons for finding that the Appellant would live an openly gay lifestyle in India.

Permission to appeal was granted on the basis that the First-tier Tribunal had arguably erred in failing to identify the circumstances justifying considering Article 8 outside the Immigration Rules, failing to adequately reason why the Appellant would qualify for a derivative right of residence, failing to consider s.117 of the Nationality, Immigration and Asylum Act 2002 and failing to give adequate reasons for finding that the Appellant would suffer ill treatment in India on account of his sexuality.

My first task is to decide whether the First-tier Tribunal made an error of law in its decision and if so whether and to what extent the decision should be set aside.

For the sake of continuity and clarity I will refer in this determination to the Secretary of State as the Respondent and Mr Tsandou as the Appellant.