HU068202017 & HU068212017 [2019] UKAITUR HU068202017 (8 February 2019)

HU068202017 & HU068212017 [2019] UKAITUR HU068202017 (8 February 2019)

The First-tier Tribunal did not err in law; the judge's findings on the appellants' circumstances and best interests were justified given the lack of credible evidence, and the proportionality assessment under Article 8 ECHR was properly conducted. Any factual errors or misapprehensions regarding the evidence or...

Source-derived case information.

Citation
[2019] UKAITUR HU068202017
Parties
Appellant: AB; Appellant: MB; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
08 February 2019
Procedural Posture
Immigration and Asylum Appeal / Appeal to Upper Tribunal From First Tier Tribunal
Outcome
appeal dismissed
Legal Topics
Entry Clearance, Family Reunion, Article 8 ECHR, De Facto Adoption
Immigration Law Human Rights Law Entry Clearance Family Reunion Article 8 ECHR De Facto Adoption

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Summary, issues, holding and outcome

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Parties

AB

Appellant

MB

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration and Asylum Appeal / Appeal to Upper Tribunal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in dismissing the appeal on human rights grounds against refusal of entry clearance
  2. 2 Whether adequate findings of fact were made regarding the appellants' circumstances and best interests
  3. 3 Whether the proportionality assessment under Article 8 ECHR was properly conducted

Ratio Decidendi

The First-tier Tribunal did not err in law; the judge's findings on the appellants' circumstances and best interests were justified given the lack of credible evidence, and the proportionality assessment under Article 8 ECHR was properly conducted. Any factual errors or misapprehensions regarding the evidence or Immigration Rules were not material to the outcome.

Court Disposition

appeal dismissed

Orders

  • Decision of the First-tier Tribunal dismissing the appeals shall stand.
  • Anonymity direction continued for the appellants and their family.