Kaur, R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 1423 (21 June 2018)

Kaur, R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 1423 (21 June 2018)

The Court of Appeal held that the Secretary of State did not act irrationally or unlawfully in refusing Mrs Kaur's application for leave to remain. Mrs Kaur failed to provide sufficient evidence of insurmountable obstacles to family life continuing in India or of having no ties to India. The Deputy Judge erred in law by applying incorrect legal tests and by requiring the Secretary of State to address matters not properly raised or evidenced by Mrs Kaur. The SSHD's decision was not vitiated by a failure to give adequate reasons or by a failure to consider exceptional circumstances under Article 8 ECHR.

Citation
[2018] EWCA Civ 1423
Parties
Defendant/appellant: Secretary of State for the Home Department; Claimant/respondent: The Queen (on the application of Paramjit Kaur)
Jurisdiction
England and Wales
Judgment Date
21 June 2018
Procedural Posture
Appeal (judicial Review) / Court of Appeal Judgment on Appeal From High Court (administrative Court)
Outcome
Appeal allowed; High Court order quashing SSHD's decision set aside; SSHD's refusal of leave to remain restored.
Legal Topics
Leave to Remain, Article 8 ECHR, Immigration Rules Paragraph 276 ADE, Appendix FM, Insurmountable Obstacles, No Ties Test, Exceptional Circumstances, Judicial Review
Immigration Law Human Rights Law Administrative Law Leave to Remain Article 8 ECHR Immigration Rules Paragraph 276 ADE Appendix FM Insurmountable Obstacles +3 more

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Parties

Secretary of State for the Home Department

Defendant/appellant

The Queen (on the application of Paramjit Kaur)

Claimant/respondent

Procedural Posture

Appeal (judicial Review) / Court of Appeal Judgment on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the Secretary of State failed to properly consider 'insurmountable obstacles' to family life continuing outside the UK under Appendix FM EX.1(b)
  2. 2 Whether the Secretary of State failed to properly consider whether the claimant had 'no ties' to her country of origin under Paragraph 276ADE(vi)
  3. 3 Whether the Secretary of State failed to properly assess 'exceptional circumstances' justifying leave outside the Rules

Ratio Decidendi

The Court of Appeal held that the Secretary of State did not act irrationally or unlawfully in refusing Mrs Kaur's application for leave to remain. Mrs Kaur failed to provide sufficient evidence of insurmountable obstacles to family life continuing in India or of having no ties to India. The Deputy Judge erred in law by applying incorrect legal tests and by requiring the Secretary of State to address matters not properly raised or evidenced by Mrs Kaur. The SSHD's decision was not vitiated by a failure to give adequate reasons or by a failure to consider exceptional circumstances under Article 8 ECHR.

Court Disposition

Appeal allowed; High Court order quashing SSHD's decision set aside; SSHD's refusal of leave to remain restored.

Orders

  • The appeal is allowed.
  • The order of the Deputy High Court Judge quashing the Secretary of State's decision is set aside.