[2023] UKUT 00165 (IAC)

The appellant is a citizen of Bangladesh who came to the UK as a student in August 2008. After several extensions, his leave to remain expired on 19 March 2016. He then remained in the UK without leave.

The appellant claims that removing him from the UK would breach article 8 ECHR. Amongst other things, he contends that the public interest in effective immigration controls is substantially reduced in his case because he suffered an injustice on 15 September 2016, when an application he made on 17 March 2016 under the Immigration (EEA) Regulations 2006 (“the EEA Regulations”) for a residence card as an extended family member of an EEA national was refused without affording him an opportunity to appeal that decision to the First-tier Tribunal.

This argument was rejected by Judge of the First-tier Tribunal Peer (“the judge”) who, in a decision dated 3 October 2022, dismissed the appellant’s appeal that had been brought under section 82(1)(b) of the Nationality Immigration and Asylum Act 2002 (“the 2002 Act”). The appellant is now appealing against the judge’s decision.