Babar v The Secretary of State for the Home Department

Babar v The Secretary of State for the Home Department

The Upper Tribunal failed to give proper weight to the strong public interest in refusing ILR to those excluded from the Refugee Convention for crimes against humanity. The circumstances in Mr Babar's favour were not truly compelling and did not justify a departure from the general rule. The correct legal test was not applied, and the decision to grant ILR was set aside.

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
Immigration Appeal / Appeal From Upper Tribunal to Court of Appeal
Outcome
Appeal allowed; ILR refused; issue of Article 8 ECHR remitted to Upper Tribunal.
Legal Topics
Indefinite Leave to Remain (ilr), Crimes Against Humanity, Article 3 ECHR, Article 8 ECHR, Public Interest, Refugee Convention Article 1 F, Discretionary Leave, Restricted Leave Policy
Immigration Law Human Rights Law International Law Indefinite Leave to Remain (ilr) Crimes Against Humanity Article 3 ECHR Article 8 ECHR Public Interest +3 more

Case Brief

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Parties

Tanvir Babar

Claimant/respondent

The Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Immigration Appeal / Appeal From Upper Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether an individual excluded from the Refugee Convention due to crimes against humanity can be granted ILR under paragraph 276B of the Immigration Rules.
  2. 2 What weight should be given to public interest and past criminal conduct in the grant of ILR.
  3. 3 Whether the Upper Tribunal applied the correct legal test for 'exceptional circumstances'.

Ratio Decidendi

The Upper Tribunal failed to give proper weight to the strong public interest in refusing ILR to those excluded from the Refugee Convention for crimes against humanity. The circumstances in Mr Babar's favour were not truly compelling and did not justify a departure from the general rule. The correct legal test was not applied, and the decision to grant ILR was set aside.

Court Disposition

Appeal allowed; ILR refused; issue of Article 8 ECHR remitted to Upper Tribunal.

Orders

  • Declaration that Mr Babar has no entitlement to ILR.
  • Remit Article 8 ECHR issue to the Upper Tribunal for determination.