IA021092015

The Appellant is a national of India born on the [ ] 1977. He appeals with permission [1] the decision of the First-tier Tribunal (Judge Carlin) to dismiss his appeal against a decision to remove him from the United Kingdom pursuant to s10 of the Immigration and Asylum Act 1999. That decision followed a refusal to grant him leave to remain on human rights grounds.

The Appellant came to the United Kingdom in 2008 as a Working Holidaymaker. Before his visa expired he made an application for leave to remain outside of the Rules. That was refused, and a subsequent appeal dismissed. The Appellant became 'appeal rights exhausted' on the 18 th March 2011. He has been an overstayer since that date.

On the 5 th April 2014 he made an application for leave to remain on human rights grounds. The principle feature of that application was that the Appellant has health concerns, namely Type II diabetes and Bipolar Affective Disorder, and that he receives care from his brother who lives in the UK.

When the matter came before Judge Carlin there was no appearance by the Appellant. His representatives had written in to say that due to his mental health issues he would not be attending. Having taken account of the relevant Procedure Rules the Tribunal proceeded to hear the appeal. The determination reaches the following conclusions:

i) That the Appellant is not "unduly affected" by his Bi-polar Disorder. This conclusion was based upon letters from the Appellant's GP who confirmed that he is taking Setraline and his mood and general functioning have improved;