UI2022004194

              The Appellant is a national of Cameroon born on 6 June 1991.� She made an application on 7 December 2020 for leave to remain on the basis of her private and family life with her then partner.� This application was refused by the Secretary of State on 12 April 2021.� The Appellant through her representatives lodged a notice of appeal on 19 April 2021, at which point she asserted that she was in a new relationship with Mr Blessing Maronga who had a British citizen child.�

              On 6 April 2022, the Respondent uploaded a review setting out her position on the appeal, which was that the Appellant did not meet the requirements of the Rules at the time of the application in relation to her previous partner.� The Respondent also stated that she did not consent to consideration of the Appellant's new relationship with Mr Maronga on the basis that this was a new matter.�

              The appeal came before Judge of the First-tier Tribunal Birrell for hearing on 29 March 2022 at Manchester.� In a decision and reasons promulgated on 30 March 2022, Judge Birrell dismissed the appeal, bearing in mind the fact that it was not open to her to consider the Appellant's new relationship on the basis that the Secretary of State had refused to consent to treatment of this new relationship as a new matter.� She therefore determined the appeal on the basis of the Appellant's private life only.�

              Permission to appeal was granted on 3 October 2022 by Upper Tribunal Judge Pickup on the basis, inter alia: �

"2.��� It is at least arguable that in a human rights claim the judge should have considered the circumstances as they were at the date of the hearing and not confined her consideration to private life only.� The issue is whether this genuinely amounts to a new matter in respect of which the respondent did not give permission to be considered.