UI2024001075

             The appellant, a national of Albania born on 4 th July 1981, appeals against the decision of First-tier Tribunal (FtT) Judge McMahon (the judge) which dismissed his appeal against the respondent's refusal of leave to remain in the UK on the basis that the appellant failed to meet the immigration rules and on human rights grounds.

             The appellant attended the hearing before the Upper Tribunal without representation but his grounds of appeal had been settled by his former representatives.

             The grounds of appeal identified that the appellant resides with his wife (the sponsor) and her children (his stepchildren aged 15 years and 13 years - born 2007 and 2009) and he has two biological children aged 16 and 15 - born in 2007 and 2008) who are both British nationals. The appellant had no contact with his children at the date of application in 2022 but shortly afterwards had regained contact and had maintained a genuine and subsisting relationship since.

             At the date of the hearing in May 2023 it was accepted by both parties that the stepchildren were not qualifying children. They entered the UK in 2017.

             The grounds submitted that a relevant consideration for the appellant was whether section 117B(6) of the Nationality Immigration and Asylum Act 2002 applied, whether the appellant had a genuine and subsisting parental relationship with his British children and whether it would be reasonable to expect them to leave the UK.