HU033872016 & Ors. [2018] UKAITUR HU033872016 (26 February 2018)

HU033872016 & Ors. [2018] UKAITUR HU033872016 (26 February 2018)

The First-tier Tribunal erred in law by dismissing the appeal despite finding no dishonesty; as dishonesty is required for refusal under S-EC.2.2(b), and all other requirements of the Immigration Rules were met, the appeal must be allowed under Article 8 ECHR.

Citation
[2018] UKAITUR HU033872016
Parties
First Appellant: Mudassra [d]; Second Appellant: [F d]; Third Appellant: [K d]; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
26 February 2018
Procedural Posture
Immigration Appeal / Appeal to Upper Tribunal From First Tier Tribunal
Outcome
appeal allowed
Legal Topics
Entry Clearance, Deception and Dishonesty, Article 8 ECHR, Best Interests of Children, Immigration Rules Appendix FM
Immigration Law Human Rights Law Entry Clearance Deception and Dishonesty Article 8 ECHR Best Interests of Children Immigration Rules Appendix FM

Case Brief

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Parties

Mudassra [d]

First Appellant

[F d]

Second Appellant

[K d]

Third Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Appeal to Upper Tribunal From First Tier Tribunal

Legal Issues

  1. 1 Whether failure to disclose a previous visa refusal without dishonesty justifies refusal under S-EC.2.2(b) of the Immigration Rules
  2. 2 Whether the First-tier Tribunal erred in law by dismissing the appeal despite finding no dishonesty
  3. 3 Whether Article 8 ECHR requires the appeal to be allowed given the best interests of the children

Ratio Decidendi

The First-tier Tribunal erred in law by dismissing the appeal despite finding no dishonesty; as dishonesty is required for refusal under S-EC.2.2(b), and all other requirements of the Immigration Rules were met, the appeal must be allowed under Article 8 ECHR.

Court Disposition

appeal allowed

Orders

  • Decision of the First-tier Tribunal set aside
  • Appeals of all appellants allowed