OA155362013

Whereas the original respondent is the appealing party, I shall, in the interests of convenience and consistency, replicate the nomenclature of the decision at first instance.

The appellant, born December 27, 2002 is a citizen of the Ivory Coast. On April 26, 2013 she submitted an application for settlement as the child of a person settled in the United Kingdom. The respondent refused her application under the Immigration Rules on July 9, 2013 under paragraph 297 HC 395.

The appellant appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on July 23, 2013. On April 9, 2014 Judge of the First Tier Tribunal Devlin (hereinafter referred to as the �FtTJ�) heard her appeal. He refused the appeal under paragraph 297 HC 395 but allowed the appeal under article 8 ECHR.

The respondent lodged grounds of appeal on May 12, 2014 and on June 10, 2014 Judge of the First-tier Tribunal Denson granted permission to appeal finding it arguable the FtTJ may have erred by dealing with the claim under article 8 ECHR without any reference to the approach set out in Gulshan [2013] UKUT 640 and Nagre [2013] EWHC 720 .

Mr McIndoe had submitted a bundle of document and included with this bundle was a cross application for permission to appeal. Contained on the court file was a letter dated June 17, 2014 from Latitude Law that referred to a cross application and indicated a decision was awaited on that application.