RJ (Gambia) v Secretary of State for the Home Department [2015] EWCA Civ 1406 (10 December 2015)

RJ (Gambia) v Secretary of State for the Home Department [2015] EWCA Civ 1406 (10 December 2015)

The First-tier Tribunal erred by treating the matter as an ordinary Article 8 proportionality exercise without focusing on the need for compelling reasons or exceptional circumstances outside the Immigration Rules.

Citation
[2015] EWCA Civ 1406
Parties
Claimant/applicant: RJ (Gambia); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
10 December 2015
Procedural Posture
Appeal From Immigration Appeal Tribunal / Adjourned for Further Hearing
Outcome
Adjourned for further hearing
Legal Topics
Article 8 ECHR, Material Error of Law, Best Interests of Child, Exceptional Circumstances Outside Immigration Rules
Immigration Law Human Rights Law Article 8 ECHR Material Error of Law Best Interests of Child Exceptional Circumstances Outside Immigration Rules

Case Brief

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Parties

RJ (Gambia)

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Immigration Appeal Tribunal / Adjourned for Further Hearing

Legal Issues

  1. 1 Whether there was a material error of law in the First-tier Tribunal's decision
  2. 2 Proper approach to Article 8 proportionality outside the Immigration Rules
  3. 3 Consideration of compelling reasons or exceptional cases for leave to remain

Ratio Decidendi

The First-tier Tribunal erred by treating the matter as an ordinary Article 8 proportionality exercise without focusing on the need for compelling reasons or exceptional circumstances outside the Immigration Rules.

Court Disposition

Adjourned for further hearing

Orders

  • Application adjourned for further hearing before Lord Justice Davis or another single Lord Justice.
  • Secretary of State to file grounds of resistance by 4.30 pm on Wednesday 6th January 2016.