AM (Jamaica) v Secretary of State for the Home Department [2016] EWCA Civ 536 (07 April 2016)

AM (Jamaica) v Secretary of State for the Home Department [2016] EWCA Civ 536 (07 April 2016)

Permission to appeal is granted because there is a significant argument that the Tribunals, particularly the First-tier Tribunal, did not apply the necessary criteria under the Immigration Rules and did not equip themselves with sufficient factual material to reach their conclusion.

Citation
[2016] EWCA Civ 536
Parties
Claimant/applicant: AM (Jamaica); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
07 April 2016
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Deportation, Article 8 ECHR, Family Life, Immigration Rules
Immigration Human Rights Deportation Article 8 ECHR Family Life Immigration Rules

Case Brief

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Parties

AM (Jamaica)

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the First-tier Tribunal applied the correct criteria under paragraph 399(a) of the Immigration Rules
  2. 2 Adequacy of factual findings regarding care of children if respondent deported
  3. 3 Application of Article 8 ECHR in deportation context

Ratio Decidendi

Permission to appeal is granted because there is a significant argument that the Tribunals, particularly the First-tier Tribunal, did not apply the necessary criteria under the Immigration Rules and did not equip themselves with sufficient factual material to reach their conclusion.

Court Disposition

Permission to appeal granted

Orders

  • Anonymity direction continued
  • Case to be heard by a three-judge court, including at least one judge with immigration law experience