OA094742012 [2014] UKAITUR OA094742012 (7 August 2014)

OA094742012 [2014] UKAITUR OA094742012 (7 August 2014)

The Immigration Judge erred in law by failing to properly apply the insurmountable obstacles or special reasons test and by not attaching sufficient weight to economic and immigration control factors. The interference with human rights was modest and the requirements of Article 8(2) were satisfied.

Citation
[2014] UKAITUR OA094742012
Parties
Appellant/respondent: Rukhsana Begum; Respondent/appellant: Secretary of State for the Home Department
Jurisdiction
United Kingdom
Judgment Date
07 August 2014
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal
Outcome
appeal allowed
Legal Topics
Entry Clearance, Family Reunion, Article 8 ECHR, Immigration Rules
Immigration Human Rights Entry Clearance Family Reunion Article 8 ECHR Immigration Rules

Case Brief

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Parties

Rukhsana Begum

Appellant/respondent

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal

Legal Issues

  1. 1 Whether refusal of entry clearance breached Article 8 ECHR
  2. 2 Whether Immigration Judge erred in applying Article 8 outside the Immigration Rules
  3. 3 Whether insurmountable obstacles or special reasons justified entry clearance

Ratio Decidendi

The Immigration Judge erred in law by failing to properly apply the insurmountable obstacles or special reasons test and by not attaching sufficient weight to economic and immigration control factors. The interference with human rights was modest and the requirements of Article 8(2) were satisfied.

Court Disposition

appeal allowed

Orders

  • Decision of First-tier Tribunal set aside
  • Decision of Secretary of State to refuse entry clearance reinstated