Source: All England Reporter
Publisher Citation: [2012] All ER (D) 243 (Nov)
Neutral Citation: [2012] UKUT 00393 (IAC)
Court: Upper Tribunal (Immigration and Asylum Chamber)

Judge Storey and Judge Coker

Representation Navtej Singh Ahluwalia (instructed by Wilsons Solicitors LLP) for the appellant.
  P Deller (Senior Home Office presenting officer) for the Secretary of State.
Judgment Dates: 31 October 2012


Immigration - Leave to remain - Appeal - Appellant entering United Kingdom illegally - Appellant convicted of handling stolen goods and sentenced to prison - Appellant marrying British citizen with daughter also being British citizen - Appellant applying for leave to remain on basis of marriage - Respondent Secretary of State refusing application and ordering deportation - Appellant appealing - European Convention on Human Rights, art 8

The Case

Immigration Leave to remain. The Upper Tribunal (Immigration and Asylum Chamber) held that the appellant's application for leave to remain on the basis of his marriage should be granted on the grounds that he met the criteria of art 8 of the European Convention on Human Rights. In the course of its decision the Upper Tribunal also considered the effect of the new rules on such applications.

Practice Areas

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