UI2023004441 [2024] UKAITUR UI2023004441 (7 March 2024)

UI2023004441 [2024] UKAITUR UI2023004441 (7 March 2024)

The First-tier Tribunal had jurisdiction to consider the appellant's human rights claim because the application, though made under the EUSS Family Permit, expressly raised Article 8 ECHR and exceptional circumstances. The respondent's failure to engage with the human rights claim in the refusal letter constituted a refusal of that claim, thereby generating a right of appeal under section 82(1)(b) of the 2002 Act. The Article 8 claim was not a new matter as it was raised in the original application. There was no procedural unfairness, and the First-tier Tribunal made no material error of law.

Citation
[2024] UKAITUR UI2023004441
Parties
Appellant: NM; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
07 March 2024
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal Against First Tier Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Article 8 ECHR, Jurisdiction of Tribunal, Human Rights Claims in Immigration Appeals, EUSS Family Permit, Procedural Fairness
Immigration Law Human Rights Law Article 8 ECHR Jurisdiction of Tribunal Human Rights Claims in Immigration Appeals EUSS Family Permit Procedural Fairness

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 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

NM

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal Against First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the First-tier Tribunal had jurisdiction to consider the appellant's human rights claim under Article 8 ECHR in the absence of explicit consent from the Secretary of State
  2. 2 Whether the refusal of the EUSS Family Permit application constituted a refusal of a human rights claim for the purposes of section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002
  3. 3 Whether the First-tier Tribunal acted procedurally unfairly by considering human rights grounds without a section 82(1)(b) appeal

Ratio Decidendi

The First-tier Tribunal had jurisdiction to consider the appellant's human rights claim because the application, though made under the EUSS Family Permit, expressly raised Article 8 ECHR and exceptional circumstances. The respondent's failure to engage with the human rights claim in the refusal letter constituted a refusal of that claim, thereby generating a right of appeal under section 82(1)(b) of the 2002 Act. The Article 8 claim was not a new matter as it was raised in the original application. There was no procedural unfairness, and the First-tier Tribunal made no material error of law.

Court Disposition

appeal dismissed

Orders

  • The Secretary of State's appeal is dismissed.
  • The decision of the First-tier Tribunal is upheld.