HU014892018 [2019] UKAITUR HU014892018 (15 May 2019)

HU014892018 [2019] UKAITUR HU014892018 (15 May 2019)

The appellant failed to demonstrate the requisite emotional dependency on his parents necessary to establish family life under Article 8 ECHR; thus, Article 8 was not engaged and the appeal could not succeed, regardless of any historic injustice.

Source-derived case information.

Citation
[2019] UKAITUR HU014892018
Parties
Appellant: Surendra Kumar Rai; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
15 May 2019
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
appeal dismissed
Legal Topics
Article 8 ECHR, Adult Dependant Relatives, Gurkha Settlement Policy, Emotional Dependency, Historic Injustice
Immigration Law Human Rights Law Article 8 ECHR Adult Dependant Relatives Gurkha Settlement Policy Emotional Dependency Historic Injustice

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Parties

Surendra Kumar Rai

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the appellant qualifies for entry clearance as an adult dependant relative under the Gurkha policy and Immigration Rules
  2. 2 Whether Article 8 ECHR is engaged due to family life between the appellant and his parents in the UK
  3. 3 Whether historic injustice to Gurkhas affects the proportionality assessment under Article 8

Ratio Decidendi

The appellant failed to demonstrate the requisite emotional dependency on his parents necessary to establish family life under Article 8 ECHR; thus, Article 8 was not engaged and the appeal could not succeed, regardless of any historic injustice.

Court Disposition

appeal dismissed