AK (Zimbabwe) & Ors v Secretary of State for the Home Department

AK (Zimbabwe) & Ors v Secretary of State for the Home Department

Although the First-tier Tribunal's decision was poorly structured and generous to the respondents, it cannot be said to have failed to consider the relevant statutory provisions or to have committed a material error of law. The second appeals test is not satisfied and there is no compelling reason to grant permission.

Parties
Claimant/applicant: AK (Zimbabwe) & Ors; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
09 December 2015
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal to the Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Deportation, Article 8 ECHR, Material Error of Law, Second Appeals Test
Immigration Law Human Rights Law Deportation Article 8 ECHR Material Error of Law Second Appeals Test

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Parties

AK (Zimbabwe) & Ors

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the First-tier Tribunal committed a material error of law in allowing the appeal on Article 8 grounds
  2. 2 Whether the Tribunal failed to apply the statutory provisions and Immigration Rules correctly
  3. 3 Whether the second appeals test is satisfied

Ratio Decidendi

Although the First-tier Tribunal's decision was poorly structured and generous to the respondents, it cannot be said to have failed to consider the relevant statutory provisions or to have committed a material error of law. The second appeals test is not satisfied and there is no compelling reason to grant permission.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused