HU164212017 [2019] UKAITUR HU164212017 (20 May 2019)

HU164212017 [2019] UKAITUR HU164212017 (20 May 2019)

The First-tier Tribunal Judge made a material error of law by misapplying the burden of proof regarding paragraph 320(11) and failing to require the Respondent to provide evidence of aggravating circumstances; as a result, the decision is set aside and the matter remitted for rehearing.

Citation
[2019] UKAITUR HU164212017
Parties
Appellant: Mr Sandeep Singh; Respondent: Entry Clearance Officer - Sheffield
Jurisdiction
United Kingdom
Judgment Date
20 May 2019
Procedural Posture
Immigration Appeal / Appeal From First Tier Tribunal to Upper Tribunal
Outcome
Decision of First-tier Tribunal set aside; appeal remitted for rehearing de novo
Legal Topics
Appendix FM, Article 8 ECHR, Paragraph 320(11) Immigration Rules, Burden of Proof, Proportionality, Suitability Requirements
Immigration Law Human Rights Law Appendix FM Article 8 ECHR Paragraph 320(11) Immigration Rules Burden of Proof Proportionality Suitability Requirements

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Parties

Mr Sandeep Singh

Appellant

Entry Clearance Officer - Sheffield

Respondent

Procedural Posture

Immigration Appeal / Appeal From First Tier Tribunal to Upper Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal Judge erred in law by misapplying the burden of proof under paragraph 320(11) of the Immigration Rules
  2. 2 Whether the Respondent discharged the burden of proving aggravating circumstances justifying refusal under paragraph 320(11)
  3. 3 Whether the proportionality assessment under Article 8 ECHR was adequately reasoned

Ratio Decidendi

The First-tier Tribunal Judge made a material error of law by misapplying the burden of proof regarding paragraph 320(11) and failing to require the Respondent to provide evidence of aggravating circumstances; as a result, the decision is set aside and the matter remitted for rehearing.

Court Disposition

Decision of First-tier Tribunal set aside; appeal remitted for rehearing de novo

Orders

  • Appeal remitted to First-tier Tribunal to be reheard afresh
  • No anonymity order made