OA003412013

The Appellant Mr Lazaro Redentor Casapao Ortega, a citizen of the Philippines, appealed against the refusal of the Respondent to grant him entry clearance to the UK as the husband of his wife under the Immigration Rules and on Article 8 human rights grounds. His appeal was heard by Judge Sullivan sitting at Hatton Cross on 31 March 2014. Both parties were represented, the Appellant by Mr Richardson. In a determination promulgated on 24 April 2014 the appeal was dismissed under the Immigration Rules and allowed on Article 8 human rights grounds.

In relation to Article 8, the Respondent sought permission to appeal. This was initially refused on 22 May 2014 by Judge Hemingway in the following terms:

�1. The Appellant is a national of the Philippines. In a determination promulgated on 24 th April 2014 the First-tier Tribunal (Judge R Sullivan) allowed his appeal against the respondent�s decision of 3 rd October 2012 refusing to grant him entry clearance to come to the UK as a spouse. The Judge found, as was accepted on behalf of the appellant, that the requirements of the Rules regarding maintenance were not met. However, the appeal succeeded under article 8 of the ECHR outside the Rules.

The Respondent has applied for permission to appeal. The grounds of application are a little repetitive but, in essence, contend the Judge erred in failing to identify compelling circumstances such as to justify allowing the appeal outside the Rules and in failing to take into account the facility open to the Appellant of applying for entry clearance again in the future.

The decision might, from one perspective, seem generous but that does not, of itself, indicate an arguable error of law. I conclude that the grounds fail to identify any such arguable error and amount to no more than a disagreement with the ultimate conclusion.