Kaur, R (on the application of) v Secretary of State for the Home Department

Kaur, R (on the application of) v Secretary of State for the Home Department

The SSHD's decision was not irrational or unreasonable; Mrs Kaur failed to provide sufficient evidence of insurmountable obstacles or loss of all ties to India. The Deputy Judge erred by not applying the stringent tests clarified in Agyarko and by balancing ties rather than assessing the exacting requirements of the Rules. The SSHD was entitled to conclude there were no exceptional circumstances justifying leave to remain outside the Rules.

Parties
Defendant/appellant: Secretary of State for the Home Department; Claimant/respondent: Paramjit Kaur
Jurisdiction
England and Wales
Judgment Date
21 June 2018
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; decision of Deputy Judge set aside.
Legal Topics
Article 8 ECHR, Leave to Remain, Insurmountable Obstacles, Exceptional Circumstances, Immigration Rules, Judicial Review
Immigration Law Human Rights Law Article 8 ECHR Leave to Remain Insurmountable Obstacles Exceptional Circumstances Immigration Rules Judicial Review

Case Brief

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Parties

Secretary of State for the Home Department

Defendant/appellant

Paramjit Kaur

Claimant/respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the SSHD properly considered insurmountable obstacles to family life continuing outside the UK under Immigration Rules.
  2. 2 Whether Mrs Kaur had lost all ties to India under paragraph 276ADE(vi).
  3. 3 Whether there were exceptional circumstances justifying leave to remain outside the Rules.

Ratio Decidendi

The SSHD's decision was not irrational or unreasonable; Mrs Kaur failed to provide sufficient evidence of insurmountable obstacles or loss of all ties to India. The Deputy Judge erred by not applying the stringent tests clarified in Agyarko and by balancing ties rather than assessing the exacting requirements of the Rules. The SSHD was entitled to conclude there were no exceptional circumstances justifying leave to remain outside the Rules.

Court Disposition

Appeal allowed; decision of Deputy Judge set aside.

Orders

  • The SSHD's original refusal of leave to remain is reinstated.
  • Fresh evidence sought by Mrs Kaur is not admitted.