IA289712013 & ors [2014] UKAITUR IA289712013 (20 May 2014)

IA289712013 & ors [2014] UKAITUR IA289712013 (20 May 2014)

The appeal under the Immigration Rules fails because the appellant was absent from the UK for 289 days, exceeding the 180-day limit in paragraph 245AAA, and the First-tier Tribunal Judge erred in law by not applying this rule.

Citation
[2014] UKAITUR IA289712013
Parties
Claimant: Secretary of State for the Home Department; First Appellant: Mrs Anukalpa Pawar; Second Appellant: Mr Atul Vijay Pawar; Third Appellant: Mr Ajay Atul Pawar
Jurisdiction
United Kingdom
Judgment Date
20 May 2014
Procedural Posture
Immigration Appeal / Error of Law Finding and Remittal
Outcome
First-tier Tribunal decision set aside; appeal under Immigration Rules dismissed; Article 8 appeal remitted for rehearing.
Legal Topics
Indefinite Leave to Remain, Continuous Residence Requirement, Article 8 ECHR, Immigration Rules Interpretation
Immigration Law Human Rights Law Indefinite Leave to Remain Continuous Residence Requirement Article 8 ECHR Immigration Rules Interpretation

Case Brief

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Parties

Secretary of State for the Home Department

Claimant

Mrs Anukalpa Pawar

First Appellant

Mr Atul Vijay Pawar

Second Appellant

Mr Ajay Atul Pawar

Third Appellant

Procedural Posture

Immigration Appeal / Error of Law Finding and Remittal

Legal Issues

  1. 1 Whether the appellant met the continuous residence requirement under paragraph 245AAA of the Immigration Rules
  2. 2 Whether the First-tier Tribunal erred in law by failing to apply the correct rule
  3. 3 Whether the Article 8 human rights claim remains outstanding

Ratio Decidendi

The appeal under the Immigration Rules fails because the appellant was absent from the UK for 289 days, exceeding the 180-day limit in paragraph 245AAA, and the First-tier Tribunal Judge erred in law by not applying this rule.

Court Disposition

First-tier Tribunal decision set aside; appeal under Immigration Rules dismissed; Article 8 appeal remitted for rehearing.

Orders

  • First-tier Tribunal Judge Mozolowski’s determination set aside
  • Appeal under Immigration Rules dismissed