IA248882013

For the Appellant: Mr T Oke, Legal Representative instructed by Daniel & Samuel Solicitors

This is an appeal by a citizen of Ghana against a decision of the First-tier Tribunal dismissing his appeal to refuse to vary his leave to remain in the United Kingdom on 31 May 2013.

The relevant immigration history is that the appellant came to the United Kingdom as a visitor on 13 October 2001. He was given discretionary leave on 21 April 2010 until 21 April 2013 by reason of his having established family life in the United Kingdom. He applied for an extension of that stay on 22 April 2013. The application was almost certain to run into difficulty because the appellant�s circumstances had changed and it was refused.

When the appellant was given leave to remain on a discretionary basis it was because he had established strong family life elements in his private and family life. He was living with his wife, his daughter who was then still a minor and his son who is now aged 17. By the time he made his second application in April of 2013 the marriage had broken down, the daughter had achieved her majority and relations with his son had deteriorated to the point where he had found it necessary to try and make an application to the Family Court for a contact order.

In fact the form that he completed with a view to commencing proceedings in the family courts had been refused because it had not been accompanied by the appropriate fee and the appellant had made a further application to be excused fees based on his impecuniosity.