UI2023001078 & Ors [2023] UKAITUR UI2023001078 (1 September 2023)

UI2023001078 & Ors [2023] UKAITUR UI2023001078 (1 September 2023)

The First-tier Tribunal did not err in law; it was entitled to find, on the evidence, that the appellants were living unlawfully in Pakistan, that their exclusion would result in unjustifiably harsh consequences, and that refusal of entry clearance would be a disproportionate interference with family life under...

Source-derived case information.

Citation
[2023] UKAITUR UI2023001078
Parties
Appellant: Entry Clearance Officer; Respondent: FF; Respondent: Fak; Respondent: MFF; Respondent: EF; Respondent: sF; Respondent: mFZ
Jurisdiction
United Kingdom
Judgment Date
01 September 2023
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal Against First Tier Tribunal Decision
Outcome
Appeal dismissed; First-tier Tribunal decision upheld
Legal Topics
Article 8 ECHR, Appendix FM Immigration Rules, Family Life, Entry Clearance, Exceptional Circumstances, Proportionality, Section 117 B Nationality, Immigration and Asylum Act 2002
Immigration Law Human Rights Law Article 8 ECHR Appendix FM Immigration Rules Family Life Entry Clearance Exceptional Circumstances Proportionality +1 more

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Parties

Entry Clearance Officer

Appellant

FF

Respondent

Fak

Respondent

MFF

Respondent

EF

Respondent

sF

Respondent

mFZ

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal Against First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in allowing the Article 8 ECHR appeals of the respondents
  2. 2 Whether the appellants met the requirements of Appendix FM GEN.3.2.(2)
  3. 3 Whether refusal of entry clearance would result in unjustifiably harsh consequences and disproportionate interference with family life

Ratio Decidendi

The First-tier Tribunal did not err in law; it was entitled to find, on the evidence, that the appellants were living unlawfully in Pakistan, that their exclusion would result in unjustifiably harsh consequences, and that refusal of entry clearance would be a disproportionate interference with family life under Article 8 ECHR.

Court Disposition

Appeal dismissed; First-tier Tribunal decision upheld