IA179102014

The Secretary of State sought permission to appeal to Upper Tribunal on 5 January 2015. Judge Chambers, a Judge of the First Tier Tribunal refused to grant permission for reasons given I his decision dated 10 February 2015.

On 25 February 2015, the Secretary of State renewed her application before Upper Tribunal. Upper Tribunal Judge Clive Lane granted permission stating in his decision dated 26 May 2015, "It is arguable that the First-tier Tribunal Judge erred in law that, only because her mother works, the child would be "unable" to reside in the United Kingdom, if the appellant was required to leave."

In response Mr Khan for the appellant argued that the findings made by Judge Hussain were perfectly correct and sustainable. He drew my particular attention to Paragraphs 11, 12 and 15 of the determination. He relied on the principles set out in Sanada. He submitted that the decision of Judge Hussain does not disclose any error of law and it should not be disturbed.

Ms Fujiwala asked me to note by way of clarification that the impugned decision does not require the mother and child to leave the United Kingdom.

I note that Judge Chambers, a Judge of the First-tier Tribunal in refusing permission to appeal said in his decision, "The Judge considered the Regulation (paragraph 11), the circumstances of the child and its parents (paragraphs 12 -18) and took into account the options for a child who was only one and a half years old. It is not in such circumstances surprising that the Judge on the facts reached such a conclusion stating it was an inescapable conclusion."