IA104932014

The Appellant is a citizen of Pakistan born on the 1 st of January 1940 who entered the UK on a visit visa on the 29 th of March 2013. Following her arrival it appears that her family became concerned about her medical condition and subsequently she was diagnosed with dementia (which form is not stated). Following that an application for leave to remain outside the Immigration Rules was made which was refused.

The Appellant's appeal was heard by Judge Flower at Sheldon Court on the 23 rd of May 2014. In a determination promulgated on the 5 th of June 2014 the appeal was allowed under article 8. The Secretary of State sought permission to appeal to the Upper Tribunal asserting that the Judge had failed to have regard to the provisions of Appendix FM when assessing article 8. Permission was granted by Judge Grant on the 21 st of July 2014.

The determination contains no reference to the case of Haleemudeen or paragraph 400 of the Immigration Rules both of which require the assessment of article 8 claims to be made by reference to the Appendix FM and paragraph 276ADE of the Immigration Rules. In the summary of evidence it appears that there was no evidence to show what medical care would be available in Pakistan or to show how that could or could not be accessed by the Appellant.

Those errors do not assist and the Judge should have made the article 8 assessment by reference to the Immigration Rules and explained why the result was unjustifiably harsh. However, for the reasons given below I am satisfied that had the Judge set out the reasons correctly the result obtained would have been the same and accordingly there is no material error in the determination.

The Judge summarised the medical evidence at paragraphs 21 and 22. It is clear from the evidence that was available that the Appellant�s condition is significant and that she is unaware of her location, time and important personal events and that she is incapable of independent living requiring support for all her daily needs.