ILR

[Mako]

I had leave to remain in the UK until 5th March 2014. On the 4th February 2014 I made an application for indefinite leave to remain (ILR) under the settlement protection route as a dependent of my wife who had been recognised as a refugee. On the 9th July I received a ‘notice of decision’ headed ‘Refusal to vary Leave’. This was refused on the grounds that I had not been granted asylum or humanitarian protection in my own right. I was given 28 days to make a valid application, which I made on the 28th July 2014. I submitted this application on form (SET)O. On the 15th October 2014 I received a letter from the Home Office stating that the application was invalid since it was submitted on a wrong form. They then advised of the correct form and stated that I must submit the application within 7 days. I submitted the application on the correct form (FLR) on the 20th October 2014. This application was refused on the 23rd October 2014 with no right of appeal.

I applied to the Asylum and Immigration first tier tribunal for the right to appeal. This application was dismissed on 16th July 2015 and was given the option to apply to the higher tribunal within 14days.

My cousin just sent me the above message. Can anybody please give advice?

[vinny]

I had leave to remain in the UK until 5th March 2014.

What category of leave to remain did he have?

Why was the FLR(FP) refused?

[Mako]

He had discretionary leave to remain up to March 2014.

The FLR in October 2014 was denied as they said he was not the sole carer for his 1-year old son and that his son can adapt if he leaves the UK.

So basically they dismissed his right to family life with no right of appeal.