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The appellant before the Upper Tribunal is the Secretary of State for the Home Department. For the sake of convenience I will refer to JJ as the claimant.
JJ is a citizen of Jamaica born in 1979. He appealed to the First-tier Tribunal against a decision of an Entry Clearance Officer (�ECO�) dated 29 January 2013 refusing to grant him entry clearance to join his wife (�C�), child (�M�) and step-child (�A�) in the United Kingdom. In a determination promulgated on 13 February 2014 First-tier Tribunal Judge Herbert OBE allowed the claimant�s appeal (i) under the Immigration Rules and (ii) on the basis that the ECO�s decision would lead to a breach of Article 8 of the Human Rights Convention.
First-tier Tribunal Judge Ransley granted the Secretary of State permission to appeal to the Upper Tribunal in a decision of the 7 March 2014. Thus the appeal came before me.
It was confirmed by the Upper Tribunal in Sabir [2014] UKUT 63 (IAC) , that paragraph EX.1 does not provide freestanding rights but �is �parasitic� on the relevant Rule within Appendix FM that otherwise grants leave to remain.� In this case the claimant cannot meet the requirements of the relevant Rule in Appendix FM, thus his appeal brought in relation to the Immigration Rules ought to have been dismissed. For this reason I set aside the determination of the First-tier Tribunal.
Turning to the ground relating to Article 8, the Secretary of State�s challenge to the First-tier Tribunal�s decision is fivefold:
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