DA012202013 [2014] UKAITUR DA012202013 (31 October 2014)

DA012202013 [2014] UKAITUR DA012202013 (31 October 2014)

The First-tier Tribunal erred in law in its findings on both international protection and Article 8 ECHR by failing to adequately consider the public interest in deportation and by not properly addressing the evidence and legal standards required. The decision is set aside and the case remitted for fresh determination.

Citation
[2014] UKAITUR DA012202013
Parties
Appellant/respondent: Safeen Hamad; Respondent/appellant: Secretary of State for the Home Department
Jurisdiction
United Kingdom
Judgment Date
31 October 2014
Procedural Posture
Immigration Appeal / Appeal Remitted to First Tier Tribunal After Upper Tribunal Review
Outcome
decision of First-tier Tribunal set aside; appeal remitted for fresh hearing
Legal Topics
Deportation, International Protection, Article 8 ECHR, Proportionality, Public Interest
Immigration Law Human Rights Law Deportation International Protection Article 8 ECHR Proportionality Public Interest

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Parties

Safeen Hamad

Appellant/respondent

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Immigration Appeal / Appeal Remitted to First Tier Tribunal After Upper Tribunal Review

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in its assessment of international protection grounds and Article 8 ECHR
  2. 2 Whether the deportation of Mr Hamad was proportionate considering public interest and family/private life

Ratio Decidendi

The First-tier Tribunal erred in law in its findings on both international protection and Article 8 ECHR by failing to adequately consider the public interest in deportation and by not properly addressing the evidence and legal standards required. The decision is set aside and the case remitted for fresh determination.

Court Disposition

decision of First-tier Tribunal set aside; appeal remitted for fresh hearing

Orders

  • Decision of First-tier Tribunal set aside
  • Appeal remitted to First-tier Tribunal to be heard afresh