Partners of British citizens with unlawful or precarious immigration status: Appreciating the stringent evaluative mechanism after Agyarko and TZ (Pakistan)

“In Agyarko the Supreme Court made clear that the scheme established by the Rules and the Secretary of State’s Instructions are lawful and compatible with article 8. Accordingly, the Secretary of State is entitled to apply a test of insurmountable obstacles to the relocation of the family within the Rules and a test of exceptional circumstances as described outside the Rules………Despite the clarity of the conclusions in Agyarko, the appellants seek to persuade the court that there remain important issues relating to how the principles in Agyarko should be applied. Before embarking on a short analysis of those issues, I say at the outset that I am wholly unconvinced that any gloss is needed on the principles described by Lord Reed. I shall at the conclusion of this judgment set out an evaluative mechanism that should be adopted by First-tier tribunals that is consistent with the decisions of the Supreme Court, follows existing good practice across jurisdictions and meets the failure to adequately describe the evaluative judgment undertaken in the reasoning in these cases, despite the fact that the ultimate decisions were and are correct”, said the Court of Appeal in TZ (Pakistan) and PG (India) v The Secretary of State for the Home Department [2018] EWCA Civ 1109 (17 May 2018)

Continue reading