IA000092014

The Appellant and his wife were both present and spoke English. They were unrepresented. I indicated that the Grounds of Appeal which had been submitted in their case and upon which permission to appeal had been granted would be regarded by me as the basis of their submissions.

Mr Harrison relied upon the letter of 9 th June 2014 and made no separate submissions.

The Appellant�s application to remain outside of the Rules under Article 8 of the ECHR was made on 9 th May 2011 and not finally determined by the Respondent until November 2013. There is no suggestion that the Appellant or his dependants had any basis for remaining within the terms of either the old or the new Immigration Rules following changes made on 9 th July 2012 to those Rules. The application and consideration of this case has always focused on whether there was a right to remain under Article 8 of the ECHR.

The Respondent in their consideration of the Appellant�s case finally on 29 th November 2013 was considered solely on the basis of the new Immigration Rules. There does not appear to have been an examination of the case generally to see whether there were any compelling or exceptional circumstances that would allow the Appellant to remain outside of the Rules.

The case of Edgehill and the commencement legislation of the new Immigration Rules suggests that for an application predating 9 th July 2012 a consideration of that case should have taken place within the ambit of the case law at that time in particular the case of Razgar . That does not appear to have been done by the Respondent within the refusal letter.