Source: All England Reporter
Publisher Citation: [2017] All ER (D) 93 (Dec)
Neutral Citation: [2017] EWCA Civ 2028
Court: Court of Appeal, Civil Division

Lindblom, Irwin and Thirlwall LJJ

Representation Thomas Roe QC and Rowan Pennington-Benton (instructed by Farani Taylor Solicitors) for the appellant - Patel.
  David Blundell (instructed by The Government Legal Department) for the respondent to Patel.
  Julia Smyth (instructed by The Government Legal Department) for the appellant in Shah and Bourouisa.
  Zane Malik (instructed by Lincolns Solicitors) for the respondent in Shah.
  Bourouisa appeared as a Litigant in Person.
Judgment Dates: 13 December 2017


Immigration - Appeal - Asylum and Immigration Tribunal

The Case

Immigration Appeal. In addressing derivative claims for residence in the United Kingdom by those without rights of residence, the consideration of the respect for family life, although a relevant factor, could not be a trump card. In dealing with three appeals, the Court of Appeal, Civil Division emphasised that the question remained whether, all things considered, the departure of the person would meant that the family would be compelled to follow.

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