The applicant’s submissions
16. I summarise the written and oral submissions made by Mr B Malik on behalf of the applicant. The applicant meets all the requirements for a grant of leave to remain as a parent under the 5-year parent route in Appendix FM as he did not meet the definition of partner in GEN.1.2. of Appendix FM and was not therefore “eligible to apply for leave to remain as a partner under this Appendix.” 17. When approaching the term “eligible to apply for leave to remain as a partner” the Tribunal should apply the principles enunciated in
- J U D G M E N T
- Background
- The decisions under challenge
- Relevant legislative framework
- my emphasis
- and the applicant must not be eligible to apply for leave to remain as a partner under this Appendix
- (iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix
- The applicant’s submissions
- Mahad
- Pokhriyal v SSHD
- The respondent’s submissions
- Discussion
- Pokhriyal