IA015542015

The appellant's family comprises his partner, their two children and a stepdaughter. The appellant arrived in the UK in 2000 on a student visa but became an overstayer in January 2001. The appellant's partner, Miss Mensah, claims to have entered the UK using a false passport on 18 June 2008.

Despite stating that he had given "considerable weight to the public interest question (para 15) the judge nowhere treated the failure of the claimant to meet the requirements of the Immigration Rules as a relevant factor in assessing the public interest; and indeed in the same paragraph, appeared to suggested that the 7 year requirement relating to children set out in the Rules was merely "an administrative cut-off point".

Despite noting the considerable public interest he professed to have weighed against the claimant and the family's "poor immigration history" (paragraph 15), the judge effectively declined to attach significant weight to this factor because of the view he took at paragraph 16:

For the above reason the judge materially erred in law and his decision must be set aside.

Mr Praisoody urged that I adjourn the case for it to be remitted or reheard by the Upper Tribunal but he agreed that the claimant had not produced any evidence updating the materials relied upon before the First-tier Tribunal Judge, notwithstanding clear notice to them that they were required to do so in advance of the hearing before me.