Mudibo v Secretary of State for the Home Department [2015] EWCA Civ 1588 (15 December 2015)

Mudibo v Secretary of State for the Home Department [2015] EWCA Civ 1588 (15 December 2015)

Permission to appeal is granted because it is arguable that the Upper Tribunal and Secretary of State did not adequately consider or give reasons regarding whether the difference in healthcare available in Tanzania for the applicant's seriously ill husband constituted an insurmountable obstacle to family life continuing outside the UK, and may have applied too high a standard to the arguability test.

Citation
[2015] EWCA Civ 1588
Parties
Claimant/applicant: Mrs Mildrea Muthoki Mudibo; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
15 December 2015
Procedural Posture
Judicial Review (immigration) / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted; permission to bring judicial review proceedings not granted.
Legal Topics
Article 8 ECHR, Insurmountable Obstacles, Family Life, Judicial Review, Permission to Appeal
Immigration Law Human Rights Law Article 8 ECHR Insurmountable Obstacles Family Life Judicial Review Permission to Appeal

Case Brief

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Parties

Mrs Mildrea Muthoki Mudibo

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (immigration) / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant can show insurmountable obstacles to family life continuing outside the UK under para. Ex.1 of Appendix FM
  2. 2 Whether the Upper Tribunal and Secretary of State properly considered the availability and adequacy of medical treatment in Tanzania for the applicant's husband
  3. 3 Whether the correct threshold for arguability was applied in refusing permission to appeal

Ratio Decidendi

Permission to appeal is granted because it is arguable that the Upper Tribunal and Secretary of State did not adequately consider or give reasons regarding whether the difference in healthcare available in Tanzania for the applicant's seriously ill husband constituted an insurmountable obstacle to family life continuing outside the UK, and may have applied too high a standard to the arguability test.

Court Disposition

Permission to appeal granted; permission to bring judicial review proceedings not granted.

Orders

  • Permission to appeal granted to the applicant.
  • Permission to bring judicial review proceedings refused.