US (Pakistan) v Secretary of State for the Home Department
The appeal raises no arguable point of law and is essentially a factual challenge; the applicant's circumstances do not meet the threshold for disproportionate interference with Article 8 rights, and public interest in removal prevails.
- Parties
- Applicant/appellant: US (Pakistan); Respondent/respondent: Secretary of State for the Home Department
- Jurisdiction
- England and Wales
- Judgment Date
- 23 July 2015
- Procedural Posture
- Immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal
- Outcome
- Permission to appeal refused
- Legal Topics
- Article 8 ECHR, Medical Treatment and Removal, Proportionality, Private Life
Case Brief
Summary, issues, holding and outcome
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Parties
US (Pakistan)
Applicant/appellant
Secretary of State for the Home Department
Respondent/respondent
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Legal Issues
- 1 Whether removal to Pakistan would disproportionately interfere with applicant's Article 8 rights due to medical treatment needs
- 2 Whether applicant could access and afford equivalent medical treatment in Pakistan
- 3 Whether the Upper Tribunal properly considered the applicant's private life and proportionality
Ratio Decidendi
The appeal raises no arguable point of law and is essentially a factual challenge; the applicant's circumstances do not meet the threshold for disproportionate interference with Article 8 rights, and public interest in removal prevails.
Court Disposition
Permission to appeal refused
Orders
- Renewed application for permission to appeal dismissed
- No extension of time granted
Full Case Text
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