IA161782014

For the Appellant: Mr S Hill, Counsel instructed by Malik Law Chambers Solicitors

The Appellant is a citizen of Sri Lanka born on 13 th January 1985. She appeals against the decision of the First-tier Tribunal dated 24 th November 2014 dismissing her appeal, against the refusal of leave to remain and the decision to remove her, under Appendix FM, paragraph 276ADE and on Article 8 grounds.

At the hearing before First-tier Tribunal Judge Russell the Appellant submitted evidence that she had a daughter born in May of 2012 who had been naturalised as a British citizen. There was no mention of the Appellant�s daughter in the application for leave to remain made in September 2013. The judge therefore went on to consider whether it was reasonable to expect the child to return to Sri Lanka with her parents.

The judge concluded that it was in the best interests of the child to remain with her parents and there was no evidence that it was not reasonable to expect her to go to Sri Lanka. The judge found that the removal of the Appellant was not serious enough to engage the operation of Article 8 in light of the lack of evidence about the impact on the family other than disruption to their lives.

The Appellant applied for permission to appeal on the ground that the First-tier Tribunal had erred in law in tacitly following Gulshan (Article 8 � new Rules � correct approach) [2013] UKUT 640 (IAC) because this case had been overruled by the Court of Appeal in MM (Lebanon) v Secretary of State for the Home Department [2014] EWCA Civ 985 .