Babar v The Secretary of State for the Home Department [2018] EWCA Civ 329 (01 March 2018)

Babar v The Secretary of State for the Home Department [2018] EWCA Civ 329 (01 March 2018)

For individuals excluded from the Refugee Convention due to crimes against humanity, the public interest in refusing indefinite leave to remain is extremely strong and can only be outweighed by truly compelling circumstances. The applicant's positive factors did not reach this threshold, and the tribunal below failed to apply the correct stringent test.

Citation
[2018] EWCA Civ 329
Parties
Claimant/respondent: Tanvir Babar; Defendant/appellant: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
01 March 2018
Procedural Posture
Appeal From Upper Tribunal (immigration & Asylum Chamber) / Court of Appeal Judgment
Outcome
Appeal allowed; Secretary of State's decision restored; no entitlement to ILR for Mr Babar.
Legal Topics
Indefinite Leave to Remain (ilr), Article 1 F Refugee Convention, Crimes Against Humanity, Article 3 ECHR, Article 8 ECHR, Public Interest in Immigration Control
Immigration Law Human Rights Law Public International Law Indefinite Leave to Remain (ilr) Article 1 F Refugee Convention Crimes Against Humanity Article 3 ECHR Article 8 ECHR +1 more

Case Brief

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Parties

Tanvir Babar

Claimant/respondent

The Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Appeal From Upper Tribunal (immigration & Asylum Chamber) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an individual excluded from the Refugee Convention for crimes against humanity can be granted ILR under paragraph 276B of the Immigration Rules
  2. 2 What constitutes 'exceptional circumstances' sufficient to outweigh the public interest in refusing settlement to such individuals
  3. 3 Whether the applicant's conduct, including dishonesty, precludes the grant of ILR

Ratio Decidendi

For individuals excluded from the Refugee Convention due to crimes against humanity, the public interest in refusing indefinite leave to remain is extremely strong and can only be outweighed by truly compelling circumstances. The applicant's positive factors did not reach this threshold, and the tribunal below failed to apply the correct stringent test.

Court Disposition

Appeal allowed; Secretary of State's decision restored; no entitlement to ILR for Mr Babar.

Orders

  • Declaration that Mr Babar has no entitlement to ILR.
  • Remittal to the Upper Tribunal to determine the outstanding Article 8 ECHR issue.