(Immigration and Asylum Chamber) Appeal Number: AA/01539/2013
THE IMMIGRATION ACTS
Heard at Field House
On 4 July 2013
On 10 July 2013
UPPER TRIBUNAL JUDGE MOULDEN
MR MD ABDUL HANNAN
SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the Appellant: Mr S Hosein a legal representative from E1 Solicitors
For the Respondent: Mrs M Tanner a Senior Home Office Presenting Officer
DETERMINATION AND REASONS
13. The appellants claim that he was the son of his father was not supported by any documentary evidence and doubted by the judge. More importantly, in connection with any Article 8 grounds it was open to the judge to disbelieve their evidence that they have lived together in this country.
14. There is nothing which calls into question the judge's statement in paragraph 26 of the determination that; "there is no claim made under the ECHR". However, even if there had been Article 8 human rights grounds, the judge's findings were such that the appellant had not established any family life with his father in this country, had not claimed to have a family life here with anyone else or any private life above and beyond the fact that he had been in the UK without permission and working illegally since November 2009. On the evidence before the judge and the findings which he was entitled to make I can see no basis on which the appellant could succeed on Article 8 human rights grounds.
15. Whilst it is argued that there is a gap in the judge's reasoning between the adverse credibility findings and the conclusions that the appellant failed on asylum and humanitarian protection grounds no basis has been put forward on which the appellant might have succeeded in the light of these findings. The appellant has not shown any way in which he would be at risk on return in the light of these findings either in relation to his claims or for any other reason. There is no material error of law.
16. I find that the judge reached conclusions clearly open to him on the evidence. There is no error of law and I uphold his determination.
Signed Date 5 July 2013
Upper Tribunal Judge Moulden