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Posted 20 hours ago

Skinner’s Field & Trial Light & Senior – Complete Dry Dog Food, Ideal for Older, Overweight or Less Active Dogs, 15kg

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I put to Mr Krushner at the hearing whether, even if the Appellant had no family in the Philippines, her case would surmount the very significant obstacles threshold. Mr Krushner submitted that it at least could do, such that the issue is material. I have not found the question of the materiality of this error very straightforward. On any view, this is far from a strong claim for leave pursuant to paragraph 276ADE(1)(vi), but, having regard to the broad evaluative assessment that must be undertaken in determining whether there are very significant obstacles (see Kamara v SSHD [2016] EWCA Civ 813; [2016] 4 WLR 152 at [14] per Sales LJ, as he then was), and given that I have not heard the evidence, I am not satisfied that this is an error which can be said to reach the high threshold of immateriality recently reaffirmed in ASO (Iraq) v SSHD [2023] EWCA Civ 1282 at [43]. Field & Trial Light & Senior is a complete working dog food specially developed and formulated for senior dogs, those with lower energy requirements and adult dogs who are prone to weight gain. I did not accept the appellant’s evidence that she had not made an earlier application for leave to remain because of difficulties with the dates on her respective passports, or that she had insufficient funds for such an application. She has not only over-stayed her visa, but has also been working in a child-minding/domestic capacity, contrary to the Rules. She has blatantly ignored the Immigration Rules of the UK, and now attempts to remain in the UK on the basis of her evidence, which is as follows.

The FTT Decision is very short. Before turning to that, it is therefore necessary to set out the essence of the Appellant’s case. Her evidence, as set out in her witness statement, can be summarised as follows.The scope of the evidence in this case is relatively narrow. Notwithstanding that however I am setting aside the FTT Decision as a whole and the appeal will have to be re-determined anew. Moreover, the failure in this case is a failure to give reasons, which forms part of the duty to act fairly. On balance, and having regard to Part 3 of the Tribunal’s Practice Direction and paragraph 7 of the Practice Statement, as well as the guidance given in the reported decision of Begum (Remaking or remittal) Bangladesh [2023] UKUT 46 (IAC), it therefore seems to me more appropriate to remit this appeal for redetermination in the FTT. Chances are you probably know all there is to know about Chemist Direct, but if you don’t then here’s a little more detail about them. a. Ground 1: The Judge failed to give proper reasons for rejecting the Appellant’s evidence as to why she had not made an earlier application for leave.

Ingredients: Maize, Naked oats, Poultry meat meal, Barley, Beet pulp, Brewers yeast, White fish meal, Dried egg, Poultry fat, Vitamins and minerals, Whole linseed, Glucosamine 350mg/kg, Chondroitin sulphate 150mg/kg, MSM 50mg/kg However, in any event, the reason that she overstayed, as opposed to the fact that she did so, and for such a long time was not in my judgment part of the Judge’s reasoning in relation to her Article 8 claim. It is not relevant to the questions to be answered in the determination of entitlement under paragraph 276ADE(1)(vi) and does not feature in para. 9 for that reason, and in para.10, dealing with Article 8 outside the rules to which it might possibly have a tangential relevance, the manner by which the Appellant came to be in the UK unlawfully is not mentioned. Rather, the fact that her private life has been built up during periods of precarious, and then no leave, is what the Judge took into account. The Appellant was born on 2 November 1969 and left school at 17 because she was pregnant with her first son. She had a second son a few years later. They are now 34 and 29 and continue to live with their father. Carb-rich ingredients: includes all ingredients derived from grains, pseudo-grains, potatoes and other starchy root vegetables, sweet potato and legumes (except whole peas which are categorised under fruit and veg) except for isolated protein and extracted oils. Also includes fibre supplements.

Departments and policy

The Appellant came to the UK on 19 February 2006 with her mother. The Appellant came on a visit visa. Sadly her mother died that same year whilst they were in the UK, and, it would appear on that basis, the Appellant’s visa was extended until 9 March 2007. She has overstayed ever since. Whilst here, she has worked as a domestic worker and is engaged in other voluntary activities, including through her church. The Respondent filed a response to the appeal pursuant to rule 24 of the Upper Tribunal Procedure Rules. In summary, the Respondent submitted that:

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