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The appellant is a citizen of Jamaica, born on 18 th August 1973. His appeal against the decision of the respondent, made on 23 rd March 2010, to remove the appellant from the United Kingdom to Jamaica, following the refusal of his application to remain in the United Kingdom outside the immigration rules, was dismissed on human rights grounds under article 8 of the ECHR, after a hearing before First-tier Tribunal Judge T Jones, in a determination promulgated on 6 th January 2011.
On 27 th January 2011 Senior Immigration Judge Macleman granted permission to appeal for the following reasons:
�IJ dismissed this appeal against refusal of leave to remain outside the Immigration Rules, argued only under Article 8 ECHR.
This application points out that the IJ took the standard of proof required of the appellant to be the balance of probabilities, not the �lower standard�. (This appears at paragraph 25 (not 23) of the determination.)
It is generally accepted that not only in Article 3, but also in Article 8 and other ECHR cases, the lower standard of proof applies.
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