IA200462015

The appellant, a citizen of Bangladesh, brings a challenge to the decision of First-tier Tribunal Judge E B Grant ("the judge") promulgated on 24 November 2017 dismissing his appeal against the decision made by the respondent on 7 May 2015 refusing him leave to remain on human rights grounds. He relies on his family life and, in particular, the fact that he is the father of a British citizen child.

The issue in this appeal, concerns the judge's assessment of the appellant's circumstances under paragraph EX.1.(a)(cc) of Appendix FM of the Immigration Rules ("the Rules") and Article 8 of the ECHR outside the Rules.

The judge's error in this regard suffices as a reason for me to set aside her decision.

The representatives agreed that no further evidence is required and as this appeal has been decided by the First-tier Tribunal on two previous occasions, I consider that I should and am in a position to re-make the decision without further ado.

The factual background is not in dispute. The material facts are as follows. The appellant has been living in the UK since his arrival as a visitor on 24 April 2008. He has been residing here without leave to remain since 15 September 2008. Since then he has established and enjoys a family life with his British born wife and baby daughter. His wife is expecting their second child. At the date of hearing before me she is on maternity leave with full pay earning £23,000. There is no dispute that the appellant has a genuine and subsisting relationship with his wife and child.