IA177972015

Unless and until a Tribunal or court directs otherwise, the Appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of his family. This direction applies both to the Appellant and to the Respondent. Failure to comply with this direction could lead to contempt of court proceedings.

This is an appeal by the Appellant against the decision of First-tier Tribunal Judge A A Wilson (the judge), promulgated on 10 November 2016, by which he dismissed the Appellant's appeal. That appeal had been against the Respondent's decision of 27 April 2015, refusing his human rights claim. That decision arose from an application made in February 2015 relying on a relationship with a Latvian national (the application was on human rights grounds rather than under the EEA Regulations for some reason).

Over the course of time since the Respondent's decision the Appellant's circumstances had changed. He had entered into a relationship with a British national and they had had a child together.

The grounds assert (albeit not entirely clearly) that the Appellant had varied his grounds of appeal and that the Respondent had taken no issue on these. In other words, by implication it is said that the issue of section 85(5) was never raised. The grounds go on to say that the judge did not raise this issue either, and that he had acted with procedural unfairness in taking the point himself and concluding against the Appellant.

Permission was granted by First-tier Tribunal Judge P J M Hollingworth on 8 May 2017.