IA001292014

The appellant, born November 29, 1975 is a citizen of Sierra Leone. On October 1, 2006 the appellant arrived in the United Kingdom in possession of an entry clearance visa as a spouse valid until September 22, 2008. He applied for indefinite leave to remain but this was refused, as was his application on March 12, 2010 for access to a child. However, he was granted discretionary leave to remain for the period October 1, 2010 and September 30, 2013. On September 5, 2013 he applied for further discretionary leave but the respondent refused this application on December 6, 2013.

The appellant appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on December 18, 2013. On August 1, 2014 Judge of the First Tier Tribunal Hussain (hereinafter referred to as the �FtTJ�) heard his appeal. He refused his appeal on human rights grounds in a determination promulgated on September 18, 2014.

The appellant lodged grounds of appeal on September 25, 2014 and on November 5, 2014 Judge of the First-tier Tribunal Osborne granted permission to appeal finding it arguable the FtTJ may have erred in his assessment of the appellant�s family life and consideration of section 55 of the Borders, Citizenship and Immigration Act 2009.

Mr Walker relied on the Rule 24 response and submitted that whilst the FtTJ did not refer to Section 55 of the 2009 Act he had made clear findings on the evidence that involved him considering the best interests of the children. At paragraphs [32], [42] and [43] he outlined his concerns about the children and why he found there was no family life. All findings were open to him.

a. Whether she agreed that at the date of hearing the appellant had not seen his eldest son since 2013?