IA079072015

The Respondent refused the Appellant's application for leave to remain on 13 February 2015. His appeal against that decision was dismissed by First-tier Tribunal Judge Dickson ("the Judge") following a hearing on 8 July 2015. This is an appeal against that decision.

Designated Judge Appleyard granted permission to appeal (17 February 2016) on the grounds that it is arguable that the Judge failed to consider the best interests of the children in the context of the totality of the evidence, may have relied on old evidence, and may have erred in the approach to the evidence on the children's language ability.

The Judge noted [1-3] that the Appellant was born on 4 April 1978 and is married. His children were born on 14 January 2007 (R) and 23 August 2011 (V). They are all citizens of India. T he Appellant claims to have entered the United Kingdom clandestinely in 2002. On 3 September 2005 his wife entered the United Kingdom with leave to enter as a visitor valid until 12 February 2006. The Appellant submitted 2 human rights applications in 2007 that were eventually dismissed in the circumstances set out below [4]. Appeal rights were exhausted on 28 February 2008.

The Judge referred to Judge Sarsfield's determination promulgated on 14 February 2008 and noted that it was found that;

[26] "The Appellant entered the United Kingdom without valid entry clearance with the assistance of an agent via Switzerland. The Appellant worked in the United Kingdom illegally. The Appellant had not regularised his status in the United Kingdom and had flagrantly disregarded the immigration rules. The Appellant deceived the United Kingdom authorities and his employer and his wife was an over stayer. The Immigration Judge considered that his family and private life could be continued in India and there would be no obstacles to the Appellant returning to India with his family."