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The appeal came before the instant panel so that the decision could be remade. We heard oral evidence from the appellant and his father through an interpreter having ensured that the witnesses and the interpreter understood each other. We heard submissions from Mr Sadiq and Mr Ball and we reserved our decision.
Mr Ball accepted that the appellant does not meet the requirements of the Immigration Rules therefore the appeal proceeded on the basis of Article 8 of the European Convention on Human Rights (ECHR).
"1. Everyone has the right to respect for his private and family life, his home and his correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
It is for the respondent to demonstrate that any interference with the right to private and family life under Article 8 is in accordance with the law, corresponds to a pressing social need and is proportionate to the legitimate aim pursued .
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