03/08/2021
We won another case in the Upper Tribunal for a client.The Home Office challenge to the First tier Tribunal's Decision in favour of our client was dismissed. Our client is over the moon with the victory which came after many years of fighting the Home Office.
The case concerned the issue of 'unjustifiably harsh concequences', 'Exceptional Circumstances' from Appendix FM and Gen 3.2(2).
We drew to the attention of the court, the contents of GEN 3.3 and the need to consider Childrens' Best Interests as a primary consideration when applying GEN 3.2(2).
The UT decision noted that in R(Agyarko and Another) v SSHD[2017] UKSC 11, the Supreme Court held that the 'Unjustifiably Harsh Consequences' test was not in itself ,part of the Strasbourg Jurisprudence in applying Article 8 but was a domestic approach.
The UT held that there was ,'no error of law'..in the First Tier Tribunal decision in favour of our client and therefore the decision allowing our client's appeal would stand.