Court of Appeal endorses Upper Tribunal in JG on interpretation of section 117B(6)(b): Reasonable to expect a child to leave the UK and parental relationship

In Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661 (12 April 2019), the Court of Appeal, among other issues considered Section 117(B)(6) of the Nationality, Immigration and Asylum Act 2002, as amended by the Immigration Act 2014, in the following respects:

 

  • “a genuine and subsisting parental relationship with a qualifying child” in section 117B(6)(a), and

  • “it would not be reasonable to expect the child to leave the United Kingdom” in section 117B(6)(b)

The Court of Appeal made it clear that the,“ position has now been reached in which this Court is not only free to depart from the approach taken by Laws LJ in MM (Uganda) but indeed is required to do so in order to follow the binding decision of the Supreme Court in KO (Nigeria)”.

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Upper Tribunal on the interpretation of Section 117B(6)(b) and how a “reasonable to leave” construction can be more favourable than an Article 8 proportionality exercise

Following the Supreme Court’s judgment in KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53,  the Upper Tribunal in JG (s117B(6) : “reasonable to leave” UK) Turkey (Rev 1) [2019] UKUT 72 (IAC) (15 February 2019), considered the proper construction of Section 117B(6) with the surprsing result that on the facts, an Appellant who was found to be, “both dishonest and unscrupulous, each to a high degree…… flagrantly defied the law of the United Kingdom by overstaying her leave for a large number of years”, succeeded in her appeal.

 

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What you need to know to submit a successful application for indefinite leave to remain as a victim of domestic violence

Paragraph 289A, Part 6 of Appendix Armed Forces and section DVILR of Appendix FM of the Immigration Rules allow those who have leave in the UK as the partner of someone with the right of permanent residence and whose relationship has genuinely broken down, because of domestic violence, during their probationary period of leave, to be granted indefinite leave to remain.

To qualify for indefinite leave to remain as a victim of domestic violence  the applicant must meet the requirements set out in Part 8 of the Immigration Rules or Appendix FM or Appendix Armed Forces to those Rules.

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