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This is an appeal to the Upper Tribunal by the Respondent, with permission, against the determination of First-tier Tribunal Judge O R Williams promulgated on 22nd August 2014 by which he allowed the Appellant�s appeal against the Secretary of State�s decision to refuse him leave to remain on the basis of his private and family life and to remove him to Kenya.
For the purposes of continuity I shall refer in this determination to the Secretary of State as the Respondent and Mr Mucheru as the Appellant.
Permission to appeal was granted by a First-tier Tribunal Judge on the basis that he found it arguable that the Judge may have erred in failing to provide proper reasons why the Appellant�s circumstances were exceptional or compelling or whether they simply amount, as submitted by the Secretary of State to �an ordinary family life claim�.
The facts of this case are that the Appellant entered the UK in 2010 as a T4 student. Whilst in the UK lawfully he met, in 2011, and married, on 11 th October 2013, Katie Jones, a British citizen by birth. Their child was born on 2 nd May 2014. Both the Appellant�s wife and child are British.
The Secretary of State in the grounds asserted that the Judge erred in considering the appeal under Article 8 outside the Rules and further erred in finding that removal of the Appellant would sever his relationship with his wife and child when the separation could be temporary while he sought entry clearance.
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