OA045452013 & OA045472013 [2014] UKAITUR OA045452013 (28 May 2014)

The First-tier Tribunal judge erred in law by failing to specify the media sources relied upon and by applying an incorrect test ('totally impossible') for assessing whether the inability to meet on neutral ground amounted to exceptional or compelling circumstances under Article 8 ECHR.

Citation: [2014] UKAITUR OA045452013
Parties: Appellant: Rahgda Karo & another; Respondent: Beirut
Jurisdiction: United Kingdom
Judgment Date: 28 May 2014
Procedural Posture: Immigration Appeal / Appeal From First Tier Tribunal to Upper Tribunal
Outcome: Appeal allowed; decision set aside; remitted for fresh hearing
Legal Topics: Article 8 ECHR, Spouse Visa, English Language Requirement, Exceptional Circumstances

Immigration Law Human Rights Law Article 8 ECHR Spouse Visa English Language Requirement Exceptional Circumstances

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Parties

Rahgda Karo & another

Appellant

Beirut

Respondent

Procedural Posture

Immigration Appeal / Appeal From First Tier Tribunal to Upper Tribunal

Legal Issues

1 Whether the First-tier Tribunal erred in its approach to Article 8 ECHR in the context of a spouse visa refusal
2 Whether the judge gave adequate reasons for findings on the possibility of family life outside Syria

Ratio Decidendi

Court Disposition

Appeal allowed; decision set aside; remitted for fresh hearing

Orders

Fresh hearing on Article 8 ECHR before another judge at Bradford
Decision to be made on the basis of circumstances at the date of the original decision, with consideration of reasonably foreseeable developments