UI2022004854 [2023] UKAITUR UI2022004854 (25 August 2023)

UI2022004854 [2023] UKAITUR UI2022004854 (25 August 2023)

The First-tier Tribunal materially erred in law by mischaracterising the consistency of the appellant's evidence regarding his living arrangements in Afghanistan, leading to flawed credibility findings and undermining the assessments of exceptional circumstances and proportionality under Article 8 ECHR. The decision must be set aside and remade afresh.

Citation
[2023] UKAITUR UI2022004854
Parties
Appellant: SSM; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
25 August 2023
Procedural Posture
Immigration Appeal / Appeal From First Tier Tribunal to Upper Tribunal
Outcome
First-tier Tribunal decision set aside; case remitted for rehearing in the First-tier Tribunal
Legal Topics
Entry Clearance, Article 8 ECHR, Family Reunion, Exceptional Circumstances, Best Interests of the Child
Immigration Law Human Rights Law Entry Clearance Article 8 ECHR Family Reunion Exceptional Circumstances Best Interests of the Child

Case Brief

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Parties

SSM

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Appeal From First Tier Tribunal to Upper Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in its assessment of the appellant's circumstances in Afghanistan
  2. 2 Whether the First-tier Tribunal erred in its assessment of exceptional circumstances under paragraph 319XAA of the Immigration Rules
  3. 3 Whether the proportionality assessment under Article 8 ECHR was flawed

Ratio Decidendi

The First-tier Tribunal materially erred in law by mischaracterising the consistency of the appellant's evidence regarding his living arrangements in Afghanistan, leading to flawed credibility findings and undermining the assessments of exceptional circumstances and proportionality under Article 8 ECHR. The decision must be set aside and remade afresh.

Court Disposition

First-tier Tribunal decision set aside; case remitted for rehearing in the First-tier Tribunal

Orders

  • The decision of the First-tier Tribunal is set aside to be re-made afresh
  • The re-making of the appeal will take place in the First-tier Tribunal