IA247362014

For the Respondent: Mrs F Clarke of Counsel instructed by Fadiga & Co., solicitors

The Respondent, to whom I shall refer as the Applicant, is a citizen of Côte d-�Ivoire born on 10 January 1973. On 9 June 2003 she married Jean-Philip Serele. She had three children by him born in 2006, 2009 and 2010. On 11 March 2014 the Decree Absolute dissolving their marriage was pronounced. The Applicant stated her ex-husband was the father of her eldest child in the United Kingdom. No details of paternity are given in the birth certificates of the two younger children. Her claim is that the marriage had broken down in 2007.

The grounds of appeal to the First-tier Tribunal refer to the length of the Applicant-�s marriage, the exercise of Treaty rights by her former husband, the duration of the marriage and to the 2006 Regs and paragraph 276ADE of the Immigration Rules and Appendix FM as well as Article 8 of the European Convention.

By a decision promulgated on 27 February 2015, Judge of the First-tier Tribunal Quinn allowed the Applicant-�s appeal under the Immigration Rules (not under the 2006 Regs) and on human rights grounds under Article 8.

The Appellant (the SSHD) sought permission to appeal on the basis that the Judge had no jurisdiction to allow the appeal under the Immigration Rules and that as the appeal was allowed under the 2006 Regs the Judge should not have allowed the appeal on human rights grounds. These grounds were made by reference to another appeal which had been heard in the Upper Tribunal, the decision on which had yet to be promulgated which it was said would address the question how judges should deal with grounds of appeal based on Article 8 raised in appeals against decisions made under the 2006 Regs.