(Immigration and Asylum Chamber) Appeal Number: DA/00772/2013
THE IMMIGRATION ACTS
Heard at Field House
On 14 November 2013
On 25 November 2013
UPPER TRIBUNAL JUDGE MOULDEN
SECRETARY OF STATE FOR THE HOME DEPARTMENT
MR J K
(Anonymity Direction Made)
For the Appellant: Mr P Deller a Senior Home Office Presenting Officer
For the Respondent: Mr A Ali a legal representative from Lawrence Lupin
DETERMINATION AND REASONS
17. The panel made an anonymity direction which should continue in force. I make an order under rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 prohibiting the disclosure or publication of any matter likely to lead members of the public to identify the claimant, his wife or children.
21. The third ground of appeal submits that the panel should have considered whether there were insurmountable obstacles to the family continuing family life in the Ivory Coast. Under Strasbourg jurisprudence "insurmountable obstacles" is not the correct test. The Secretary of State is importing a test from paragraph 399, which does not apply.
22. I find that there is no evidence to substantiate the allegation in paragraph 3 of the grounds of appeal that either the claimant's wife or the children failed to disclose their relationship with the claimant or delayed making any application for leave. Between paragraphs 16 and 22 the panel gave sufficient reasons for the conclusion that the compassionate circumstances of the case outweighed the public interest in deporting the claimant. The panel's treatment of delay and its consequences in paragraph 21 was correct; indeed not materially different from what the Secretary of State submits should have been done namely; "that the delay allowed the appellant to develop stronger Article 8 rights in the UK".
23. I find that the panel reached conclusions open to it on all the evidence. There is no error of law and I uphold the determination.
Signed Date 15 November 2013
Upper Tribunal Judge Moulden