AD (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 849 (24 June 2015)

AD (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 849 (24 June 2015)

The First-tier Tribunal judge exercised proper judgment based on the facts, distinguishing this case from ZH (Bangladesh) and Aissaoui, and there was no error in law or compelling reason for the Court of Appeal to hear the case.

Citation
[2015] EWCA Civ 849
Parties
Applicant/appellant: AD (Nigeria); Respondent/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal to the Court of Appeal After Refusal on the Papers
Outcome
Permission to appeal refused
Legal Topics
Indefinite Leave to Remain, Long Residence, False Identity, Immigration Rules Paragraph 276 B, Second Appeals, Compelling Reason
Immigration Law Indefinite Leave to Remain Long Residence False Identity Immigration Rules Paragraph 276 B Second Appeals Compelling Reason

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Parties

AD (Nigeria)

Applicant/appellant

Secretary of State for the Home Department

Respondent/respondent

Procedural Posture

Immigration Appeal / Renewed Application for Permission to Appeal to the Court of Appeal After Refusal on the Papers

Legal Issues

  1. 1 Whether the use of a false identity to evade immigration detection is a decisive factor against granting indefinite leave to remain under paragraph 276B(ii) of the Immigration Rules
  2. 2 Whether the First-tier Tribunal judge erred by not referring to ZH (Bangladesh) [2009] EWCA Civ 8

Ratio Decidendi

The First-tier Tribunal judge exercised proper judgment based on the facts, distinguishing this case from ZH (Bangladesh) and Aissaoui, and there was no error in law or compelling reason for the Court of Appeal to hear the case.

Court Disposition

Permission to appeal refused