IA074082014

For the Respondent: Miss E Rutherford, Counsel, instructed by French & Co, Solicitors

Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/269) I make an anonymity order. Unless the Upper Tribunal or a Court directs otherwise, no report of these proceedings or any form of publication thereof shall directly or indirectly identify the original Appellant, the present Respondent. This direction applies to, amongst others, all parties. Any failure to comply with this direction could give rise to contempt of court proceedings. I make this order because the decision concerns the welfare of children who are entitled to privacy.

This is an appeal by the Secretary of State against a decision of the First-tier Tribunal allowing the appeal of the respondent, hereinafter "the claimant", against a decision of the Secretary of State on 31 January 2014 to refuse to vary her leave to enter or remain.

The point of substance in the case is that the claimant had, on his version of events, established himself as a father figure in a family with a woman who was not free to marry him in law but who was clearly committed to him and was the mother of, I think, a total of four children, two of whom were teenage boys.

The point is that this is a man who, although not satisfying the ordinary requirements of the Rules, was the father figure in a family and it would have been unduly harsh to have disrupted that family further by removing him to India or indeed Hong Kong which was a theoretical possibility.