BG (Jamaica) v Secretary of State for the Home Department [2015] EWCA Civ 960 (16 July 2015)

The respondent was not 'under 25 years' at the date of application and therefore did not satisfy paragraph 276ADE; the appeal is allowed.

Citation: [2015] EWCA Civ 960
Parties: Respondent/appellant: BG (Jamaica); Applicant/respondent: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 16 July 2015
Procedural Posture: Immigration Appeal / Court of Appeal, on Appeal From Upper Tribunal
Outcome: Appeal allowed
Legal Topics: Leave to Remain, Immigration Rules Paragraph 276 ADE, Article 8 ECHR

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BG (Jamaica)

Respondent/appellant

Secretary of State for the Home Department

Applicant/respondent

Immigration Appeal / Court of Appeal, on Appeal From Upper Tribunal

1 Whether the respondent satisfied the age requirement under paragraph 276ADE of the Immigration Rules
2 Whether the respondent spent at least half his life in the UK at the time of application

The respondent was not 'under 25 years' at the date of application and therefore did not satisfy paragraph 276ADE; the appeal is allowed.

Appeal allowed

Case remitted to the First-tier Tribunal to consider leave to remain outside the rules under Article 8