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The Appellant is a citizen of Jamaica whose date of birth is recorded as 30 th September 1957. On 14 th March 1999 she entered the United Kingdom lawfully as a visitor but overstayed. On 6 th June 2003 she applied for indefinite leave to remain but it was not until 13 th May 2011 that that application was refused.
Within two weeks the Appellant invited the Secretary of State to reconsider the decision yet it was a further five years or so that the Secretary of State refused the application. It is of note that the renewed application by way of reconsideration was on the basis of the Appellant having entered into a relationship with the Sponsor. That was in 2008. The relationship began in 2005, yet, I am told that the Appellant did not raise those matters with the Secretary of State until the matter fell to be reconsidered in 2011.
It follows that if more weight had been given to the period of delay the balance would have tipped in the other direction. The question for me first of all is whether the judge erred in law.
This matter comes before me with permission of First-tier Tribunal Judge Shimmin, who in granting permission said:
"It is arguable that the judge has erred in law in failing to give weight or sufficient weight to the nearly thirteen-year delay between the application and decision. It is also arguable that the judge has failed to give reasons for the failure to give weight to this issue."
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