US (Pakistan) v Secretary of State for the Home Department

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

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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

  1. 1 Whether removal to Pakistan would disproportionately interfere with applicant's Article 8 rights due to medical treatment needs
  2. 2 Whether applicant could access and afford equivalent medical treatment in Pakistan
  3. 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