HU025482016 [2018] UKAITUR HU025482016 (1 October 2018)

HU025482016 [2018] UKAITUR HU025482016 (1 October 2018)

The public interest in excluding a foreign national convicted abroad of serious drug offences and sentenced to over four years' imprisonment remains high. The claimant's lack of candour about the extent of his offending reduces the weight to be given to the passage of time since conviction. The family and private...

Source-derived case information.

Citation
[2018] UKAITUR HU025482016
Parties
Appellant: Entry Clearance Office - Sheffield; Respondent: DRJ
Jurisdiction
United Kingdom
Judgment Date
01 October 2018
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal, Remaking of Decision After First Tier Tribunal Error of Law
Outcome
appeal dismissed
Legal Topics
Entry Clearance Refusal, Article 8 ECHR, Appendix FM Suitability, Foreign Criminal Convictions, Proportionality, Public Interest, Exceptional Circumstances
Immigration Law Human Rights Law Entry Clearance Refusal Article 8 ECHR Appendix FM Suitability Foreign Criminal Convictions Proportionality Public Interest +1 more

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Parties

Entry Clearance Office - Sheffield

Appellant

DRJ

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal, Remaking of Decision After First Tier Tribunal Error of Law

Legal Issues

  1. 1 Whether refusal of entry clearance to a foreign national with a serious criminal conviction abroad breaches Article 8 ECHR rights of family and private life
  2. 2 Whether the public interest in exclusion outweighs compelling circumstances in the applicant's favour
  3. 3 Correct threshold for proportionality where conviction is outside the UK

Ratio Decidendi

The public interest in excluding a foreign national convicted abroad of serious drug offences and sentenced to over four years' imprisonment remains high. The claimant's lack of candour about the extent of his offending reduces the weight to be given to the passage of time since conviction. The family and private life established with the sponsor and her sons, while genuine, is not of such intensity or dependency as to amount to compelling circumstances. There are no very compelling or exceptional factors to outweigh the public interest in exclusion. The refusal of entry clearance is proportionate and does not breach Article 8 ECHR.

Court Disposition

appeal dismissed

Orders

  • Decision of the First-tier Tribunal set aside for error of law
  • Appeal against refusal of entry clearance dismissed