Case No. UKUT-00628-(IAC)

1. This is an appeal by the Secretary of State for the Home Department against the decision of the First-tier Tribunal allowing Mr Clarke’s appeal against the respondent’s decision to remove him from the United Kingdom under section 10 of the Immigration and Asylum Act 1999, following the refusal of his human rights claim. 2. For the purposes of this decision, I shall refer to the Secretary of State as the respondent and Mr Clarke as the appellant, reflecting their positions as they were in the appeal before the First-tier Tribunal. 3. The appellant is a citizen of Jamaica, born on 10 March 1981. He arrived in the United Kingdom on 20 June 2001 without leave to enter and was given temporary admission and served with a notice to report to an immigration officer which he failed to do. He was listed as an absconder. He did not seek to regularise his stay until 27 October 2004 when he made an application for a residence permit as the spouse of an EEA national whom he had married on 28 July 2004. He was granted a residence permit on 10 August 2005. He was divorced from his EEA national spouse on 27 May 2009. On 9 October 2009 he made an application for a permanent residence card, but that was refused on 26 March 2010. He unsuccessfully appealed against that decision and became appeals rights exhausted on 23 September 2010. 4. On 25 February 2011 the appellant made an application for leave to remain on form FLR(O) which was refused on 15 October 2012 with no right of appeal. He sought to challenge the decision by way of judicial review and the matter was resolved through a Consent Order in which the Home Office agreed to withdraw the original decision and issue a new decision. 5. In response to the respondent’s enquiries, the appellant submitted a family questionnaire giving details of his family in the United Kingdom, which included his wife, BB, a British citizen, with whom he had lived since 2009 and whom he married on 17 November 2011 and his three British children: his son from a previous relationship with GB, JMC (born 2005) and his sons from his marriage to BB, LMC (born 2008) and DEC (born 2013). 6. The appellant’s application was refused by the respondent on 25 March 2014 and a decision was made the same day for his removal from the United Kingdom.