OA000552016

For the Appellant: Mr F Junior, Legal Representative instructed by Lawland Solicitors

The Appellant is a citizen of Sri Lanka who appealed against the Respondent's decision dated 28 th April 2014 to refuse her application for leave to enter the United Kingdom as a partner under Appendix FM of the Immigration Rules. Her appeal was heard by First-tier Tribunal Judge O'Keeffe who dismissed the appeal under the Immigration Rules and on human rights grounds in a decision promulgated on 17 th July 2017.

Permission to appeal was refused by First-tier Tribunal Judge Pickup in a decision dated 19 th January 2018, it being said that all findings were open to the judge for which cogent reasons were provided. The grounds were renewed to the Upper Tribunal and Upper Tribunal Judge Bruce concluded that if the error in law was made out it would be material to the outcome of the appeal and therefore permission was granted.

For the Home Office Ms Everett said there was no error in law in the judge's reasoning. She had made clear why the Appellant did not satisfy the requirement of Appendix FM under the specified evidence rule. She had considered Article 8 as at the date of decision. The decision should stand.

That reasoning is clear and cogent. The judge further noted (paragraph 27) that there was nothing to suggest that the child's welfare would be harmed if he continued to live with the Appellant in Sri Lanka. The judge went on to conclude that the decision to refuse the Appellant entry clearance was proportionate to the legitimate public aim for firm and fair immigration control. In balancing the private interest of the Appellant against the public interest she found the decision to refuse entry clearance was a proportionate measure and a fair balance between the competing interests.