OA009772013 [2014] UKAITUR OA009772013 (27 January 2014)

OA009772013 [2014] UKAITUR OA009772013 (27 January 2014)

The appellant was entitled to succeed under the substantive Immigration Rules as the required sixth payslip was produced to the First-tier Tribunal. Alternatively, the appellant was entitled to succeed under paragraph Ex.1(b) due to a genuine and subsisting relationship and insurmountable obstacles to family life in Syria given the ongoing civil war.

Citation
[2014] UKAITUR OA009772013
Parties
Appellant: Mr Bassel Seaf Eldeen; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
27 January 2014
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
Appeal allowed
Legal Topics
Appendix FM Financial Requirements, Article 8 ECHR, Entry Clearance as Fiancé, Genuine and Subsisting Relationship, Insurmountable Obstacles, Exception Under Ex.1
Immigration Law Human Rights Law Appendix FM Financial Requirements Article 8 ECHR Entry Clearance as Fiancé Genuine and Subsisting Relationship Insurmountable Obstacles Exception Under Ex.1

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr Bassel Seaf Eldeen

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the appellant met the financial and accommodation requirements under Appendix FM of the Immigration Rules
  2. 2 Whether the appeal should be allowed under Article 8 ECHR and/or the Immigration Rules
  3. 3 Whether insurmountable obstacles exist to family life outside the UK

Ratio Decidendi

The appellant was entitled to succeed under the substantive Immigration Rules as the required sixth payslip was produced to the First-tier Tribunal. Alternatively, the appellant was entitled to succeed under paragraph Ex.1(b) due to a genuine and subsisting relationship and insurmountable obstacles to family life in Syria given the ongoing civil war.

Court Disposition

Appeal allowed

Orders

  • First-tier Tribunal determination set aside
  • Appeal re-decided in appellant's favour under the Immigration Rules