FB (Pakistan) v SSHD
The tribunal did not err in applying the new immigration rules due to the effect of transitional provisions as clarified in Singh; no material error of law occurred in the Article 8 assessment, and there were no compelling circumstances warranting permission to appeal.
- Parties
- Applicant: FB (Pakistan); Respondent: SSHD
- Jurisdiction
- England and Wales
- Judgment Date
- 26 November 2015
- Procedural Posture
- Immigration Appeal / Application for Permission to Appeal to Court of Appeal
- Outcome
- application refused
- Legal Topics
- Indefinite Leave to Remain, Family Life, Private Life, Article 8 ECHR, Immigration Rules Transitional Provisions
Case Brief
Summary, issues, holding and outcome
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Parties
FB (Pakistan)
Applicant
SSHD
Respondent
Procedural Posture
Immigration Appeal / Application for Permission to Appeal to Court of Appeal
Legal Issues
- 1 Whether the tribunal erred in applying new immigration rules instead of old rules due to transitional provisions
- 2 Whether the tribunal erred in considering Article 8 ECHR only in the presence of compelling circumstances
- 3 Whether the proportionality assessment under Article 8 was properly conducted
Ratio Decidendi
The tribunal did not err in applying the new immigration rules due to the effect of transitional provisions as clarified in Singh; no material error of law occurred in the Article 8 assessment, and there were no compelling circumstances warranting permission to appeal.
Court Disposition
application refused
Orders
- Application for permission to appeal is refused.
Full Case Text
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