HU006072016 [2018] UKAITUR HU006072016 (8 June 2018)

The First-tier Tribunal erred in law by misdirecting itself on the issue of subsisting family life, failing to properly evaluate evidence of ongoing emotional dependency, and making a flawed proportionality assessment; these errors deprived the Entry Clearance Officer of a fair hearing.

Citation: [2018] UKAITUR HU006072016
Parties: Appellant: Entry Clearance Officer; Claimant: Anju Gurung
Jurisdiction: United Kingdom
Judgment Date: 08 June 2018
Procedural Posture: Immigration Appeal / Error of Law Determination in Upper Tribunal
Outcome: decision set aside; appeal remitted for fresh hearing
Legal Topics: Article 8 ECHR, Family Life, Proportionality, Adult Dependent Relative, Procedural Fairness

Immigration Human Rights Article 8 ECHR Family Life Proportionality Adult Dependent Relative Procedural Fairness

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2

Parties

Entry Clearance Officer

Appellant

Anju Gurung

Claimant

Procedural Posture

Immigration Appeal / Error of Law Determination in Upper Tribunal

Legal Issues

1 Whether the claimant enjoys family life with her sponsor mother sufficient to engage Article 8(1)
2 Whether the First-tier Tribunal erred in law by misdirecting itself on family life and proportionality
3 Whether the claimant is financially independent or dependent on the sponsor

Ratio Decidendi

Court Disposition

decision set aside; appeal remitted for fresh hearing

Orders

Appeal remitted to First-tier Tribunal for de novo hearing with no findings of fact preserved.
No anonymity direction made.