UI2021001977

This appeal concerns sensitive matters regarding the health of the appellant and pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant is granted anonymity. No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant. Failure to comply with this order could amount to a contempt of court.

            The appellant is a national of Jamaica. Her appeal against the respondent's decision of 22 December 2020 to refuse an application for leave to remain in the UK on private life grounds was dismissed by First-tier Tribunal Judge Athwal ("the judge") for reasons set out in a decision dated 17 June 2021.

            The appellant claims the decision of Judge Athwal is vitiated by material errors of law on grounds settled by Bassi Solicitors. In summary, the appellant claims the judge has not properly considered the evidence before the Tribunal with regard to the appellant's family and private life and the significant difficulties the appellant would face if returned to Jamaica. The appellant refers, in particular, to the fact that that she is HIV positive and is actively receiving treatment in the UK.

            Permission to appeal was granted by First-tier Tribunal Judge Sweeney on 12 November 2021. Judge Sweeney said:

"1. ...The grounds are lengthy but can be summarised as follows (1) the judge erred in applying too much weight to the previous decision when there had been a change of circumstances (2) did not take into account that this was a complex case of HIV (3) did not attach adequate weight to Dr Watson's report (4) did not provide an adequate assessment of private life.