IA174972015

In a decision promulgated on 24 March 2017 I determined that there was a material error of law in the decision of the First-tier Tribunal and I set it aside. My core reasons were recorded in paragraphs 11 and 12 and I set them out here:

At the hearing the parties agreed that as the error of law in this case related to the treatment of public interest considerations the findings of fact made by the First-tier Tribunal at paragraphs 41 to 45 stand.

The Claimant has two children, S born on 31 July 2003 and N born on September 2008. Their mothers are BR and CM respectively. The Appellant is no longer in a relationship with either of the mothers. S is a British citizen and was born on 31 July 2003. A copy of his passport is at page 8 of the Claimant's bundle. N was born on 14 September 2008. According to the Claimant's witness statement dated July 2016 his mother and he have an application pending for the resolution of their status. I have not been updated in relation to this application.

The Independent Social Work Report of Jasmine Smith was compiled after interviewing the Claimant, his wife and both of his sons. She is a qualified social worker and her ability to comment on the matters in on which she gives her opinion in the report has not been challenged. She concludes that S has a secure attachment with the Claimant which is vital for his growth and development. She also concludes that an attachment exists in with N.

The Claimant also states that he has a strong, genuine and subsisting parental relationship with N who resides with his mother. As he has an amicable relationship with her he is able to see him on a weekly basis both during the week and at weekends.