IA387352013 [2014] UKAITUR IA387352013 (3 October 2014)

IA387352013 [2014] UKAITUR IA387352013 (3 October 2014)

The First-tier Tribunal judge's determination could not stand due to failure to properly apply the Immigration Rules and to identify circumstances justifying an appeal outside the Rules under Article 8 ECHR; the matter should be reheard afresh.

Citation
[2014] UKAITUR IA387352013
Parties
Claimant: Secretary of State for the Home Department; Respondent: Leonardo David Lopez Wayte
Jurisdiction
United Kingdom
Judgment Date
03 October 2014
Procedural Posture
Immigration Appeal / Appeal to Upper Tribunal Following First Tier Tribunal Determination
Outcome
determination set aside and remitted
Legal Topics
Article 8 ECHR, Immigration Rules, Remittal Procedure
Immigration Law Human Rights Law Article 8 ECHR Immigration Rules Remittal Procedure

Case Brief

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Parties

Secretary of State for the Home Department

Claimant

Leonardo David Lopez Wayte

Respondent

Procedural Posture

Immigration Appeal / Appeal to Upper Tribunal Following First Tier Tribunal Determination

Legal Issues

  1. 1 Whether the First-tier Tribunal judge properly applied the Immigration Rules and correctly identified circumstances justifying an appeal outside the Rules under Article 8 ECHR

Ratio Decidendi

The First-tier Tribunal judge's determination could not stand due to failure to properly apply the Immigration Rules and to identify circumstances justifying an appeal outside the Rules under Article 8 ECHR; the matter should be reheard afresh.

Court Disposition

determination set aside and remitted

Orders

  • Matter remitted to the First-tier Tribunal for rehearing by a judge other than First-tier Tribunal Judge JDL Edwards
  • Spanish interpreter required