IA147942014 [2015] UKAITUR IA147942014 (11 August 2015)

IA147942014 [2015] UKAITUR IA147942014 (11 August 2015)

The First-tier Tribunal materially erred in law by failing to properly apply the requirements of paragraph 276ADE(iv), inadequately considering public interest factors under Section 117B, and not conducting a proper proportionality and balancing exercise. The appeal should be dismissed as the requirements of the Immigration Rules and public interest outweigh Article 8 considerations.

Citation
[2015] UKAITUR IA147942014
Parties
Appellant/respondent: The Secretary of State for the Home Department; Respondent/appellant: Mr Charles Louie Chery
Jurisdiction
United Kingdom
Judgment Date
11 August 2015
Procedural Posture
Immigration Appeal / Appeal to Upper Tribunal From First Tier Tribunal
Outcome
appeal dismissed
Legal Topics
Leave to Remain, Article 8 ECHR, Public Interest Considerations, Immigration Rules, Children's Best Interests
Immigration Law Human Rights Law Leave to Remain Article 8 ECHR Public Interest Considerations Immigration Rules Children's Best Interests

Case Brief

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Parties

The Secretary of State for the Home Department

Appellant/respondent

Mr Charles Louie Chery

Respondent/appellant

Procedural Posture

Immigration Appeal / Appeal to Upper Tribunal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by allowing the appeal under Article 8 ECHR
  2. 2 Whether the requirements of paragraph 276ADE(iv) of the Immigration Rules were properly considered
  3. 3 Whether public interest considerations under Section 117B of the Nationality, Immigration and Asylum Act 2002 were adequately addressed

Ratio Decidendi

The First-tier Tribunal materially erred in law by failing to properly apply the requirements of paragraph 276ADE(iv), inadequately considering public interest factors under Section 117B, and not conducting a proper proportionality and balancing exercise. The appeal should be dismissed as the requirements of the Immigration Rules and public interest outweigh Article 8 considerations.

Court Disposition

appeal dismissed

Orders

  • Decision of the First-tier Tribunal set aside
  • Upper Tribunal substitutes decision to dismiss the appeal against refusal of further leave to remain