OA005912015 [2016] UKAITUR OA005912015 (6 June 2016)

OA005912015 [2016] UKAITUR OA005912015 (6 June 2016)

Exceptional circumstances cannot be established based on speculative income; actual facts must be applied to relevant rules and statutory provisions; refusal of entry clearance is not disproportionate under Article 8 ECHR.

Citation
[2016] UKAITUR OA005912015
Parties
Appellant: Entry Clearance Officer; Respondent: Imran Khan
Jurisdiction
United Kingdom
Judgment Date
06 June 2016
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal, Decision Remade
Outcome
appeal dismissed
Legal Topics
Appendix FM, Article 8 ECHR, Exceptional Circumstances, Minimum Income Threshold
Immigration Human Rights Appendix FM Article 8 ECHR Exceptional Circumstances Minimum Income Threshold

Case Brief

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Parties

Entry Clearance Officer

Appellant

Imran Khan

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal, Decision Remade

Legal Issues

  1. 1 Whether refusal of entry clearance as a spouse under Appendix FM was lawful
  2. 2 Whether exceptional circumstances exist to warrant entry outside the Immigration Rules under Article 8 ECHR

Ratio Decidendi

Exceptional circumstances cannot be established based on speculative income; actual facts must be applied to relevant rules and statutory provisions; refusal of entry clearance is not disproportionate under Article 8 ECHR.

Court Disposition

appeal dismissed

Orders

  • First-tier Tribunal decision set aside
  • Appeal against Entry Clearance Officer's refusal dismissed under Immigration Rules and Article 8 ECHR