IA013652016

This is an appeal from the decision of First-tier Tribunal Judge Rahman promulgated on 1 September 2017. The appellant is a national of Bangladesh born on 10 February 1972. He entered the United Kingdom on 10 February 2004 with a visitor visa valid until 11 July 2004, after which time he became an over-stayer. He applied for leave to remain on human rights grounds on 7 January 2009.

The Secretary of State's decision to refuse the appellant's application was communicated on 1 March 2016. His appeal from that refusal was dismissed by the First-tier Tribunal Judge under the Immigration Rules (276ADE), and under Article 8 ECHR outside the rules.

The decision in the First-tier Tribunal covers the procedural history, the appellant's immigration history, a brief summary of the Secretary of State's reasons for refusal and the witness evidence of the appellant and his cousin. There is then a summary of the submissions made by the party's representatives. The findings begin at paragraph 62.

Permission to appeal was granted by First-tier Tribunal Judge Birrell on 21 March 2018, on the basis that there was arguably no engagement in the First-tier Tribunal with an apparent delay of seven years between the application to the Secretary of State and her decision. It was recorded that the other grounds have less merit and are largely an attempt to re-litigate the case. However, all grounds may be argued.

On 10 April 2018 a short Rule 24 statement was served indicating that in the Secretary of State's submission the First-tier Tribunal Judge directed himself appropriately and that there was an adequate consideration of all matters including the issue of delay.