GENC FOR JUDICIAL REVIEW

for Judicial Review of a decision dated 1 August 2014 by the Upper Tribunal (Immigration and Asylum Chamber) to refuse to give the petitioner permission to appeal

[1] The petitioner seeks judicial review of a decision taken on 1 August 2014 by the Upper Tribunal (Immigration and Asylum Chamber), refusing him leave to appeal against a decision of the First‑tier Tribunal dated 19 May 2014. The matter came before me for a procedural first hearing. Before it can proceed, the petitioner must establish that his challenge involves an important point of principle or practice.

Background [2] The petitioner was born on 10 April 1990. Both he and his wife are Turkish nationals and after their marriage they initially lived in Turkey. She then moved to the United Kingdom and now has settled status here. Together they have three children, who are all British citizens. Prior to July 2012, the petitioner maintained family life by visiting the United Kingdom from time to time and using modern forms of communication.

[3] The petitioner came to the United Kingdom on 1 July 2012 with permission to remain as a visitor until 20 December 2012. On 17 December, he applied for further leave to remain on the basis that he had established a family and private life in the UK. The Home Secretary refused his application on 4 January and notified him of her decision on 6 January 2013.

[4] The petitioner appealed to the First‑tier Tribunal. At the hearing before the immigration judge the petitioner was represented by Mr Ndebuisi, solicitor. He conceded that the petitioner did not meet the requirements of Appendix FM of the Immigration Rules. He relied on one ground of challenge – that the decision involved a disproportionate interference with the article 8 rights of the petitioner and his children.