United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Numbers: HU/21402/2018

HU/21404/2018

HU/21405/2018

 

 

THE IMMIGRATION ACTS

 

 

Heard at Manchester Civil Justice Centre	Decision & Reasons Promulgated
Given ex tempore on 6 th August 2019	On 16 th August 2019

 

Before

 

Upper Tribunal Judge Chalkley

 

 

Between

 

Otonye [A] (first appellant)

Benjamin [A] (second appellant)

[S A] (third appellant)

(ANONYMITY DIRECTION not made)

Appellants

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellants: Mr Halson B Semeed-Janneh of Counsel instructed by Deane & Bolton Solicitors

For the Respondent: Mr McVeety, a Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1. The first appellant entered the United Kingdom with leave as a Tier 4 Student Migrant on 1 ^st January 2010 until 31 ^st October 2010. She subsequently re-entered the United Kingdom in the same capacity on 19 ^th January 2011. The second appellant also entered the United Kingdom with her on that occasion as her dependant. They both had leave until 3 ^rd June 2012.

 

2. On 29 ^th June 2012 the first and second appellants applied for leave to remain as a Tier 4 Student Migrant and dependant, but those applications were refused without a right of appeal and on 6 ^th September 2012 both appellants were issued with removal papers. Nothing seems to have been done about removing either of them.

 

3. On 11 ^th January 2016, the first appellant applied on behalf of herself, the second appellant and the third appellant for asylum, but this application was refused on 28 ^th January 2016. She appealed that decision and the First-tier Tribunal heard her appeal on 2 ^nd March 2017 and in a decision promulgated on 9 ^th March that year her appeal was dismissed and her claims under Articles 2, 3 and 8 were also dismissed.

 

4. On 2 ^nd August 2017, the first appellant submitted an application for leave to remain on the grounds of her family and private life and the second appellant applied as her dependant. Their applications were rejected on 27 ^th November 2017. On 5 ^th April 2018 the appellants applied for leave to remain on the grounds of family and private life again and that application was refused by the respondent on 2 ^nd October 2018 and on 19 ^th October 2018, the appellants' appeal was the First-tier Tribunal.

 

5. I should say that no anonymity direction has been made and none has been sought from me.

 

6. The First-tier Tribunal Judge dismissed the appellants' appeal.

 

7. Today, Mr McVeety invited me to allow the appeals. Not surprisingly, Counsel agreed the application. I am happy to allow the appeals.

 

 

Richard Chalkley

 

Upper Tribunal Judge Chalkley

14 ^th August 2019