Tag Archives: very significant obstacles to integration and paragraph 276ADE(1)(iv)

Tentative Guidance from Court of Appeal as to meaning of “very significant obstacles to integration” in an inadequately prepared application

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“ I wish to add that this Court sees too many cases in which applicants for leave or their advisers – particularly in cases depending on article 8 outside the Rules – devote their energies to setting out extracts from the case-law rather than to demonstrating a compelling case based on the details of the applicant’s particular circumstances. The latter exercise may require more work, but it is what the Secretary of State, and if necessary the Tribunal, will be more concerned with. Cases of this kind generally turn on their facts, and the applicable law does not require elaborate exposition”.   So said the Court of Appeal in Parveen v The Secretary of State for the Home Department [2018] EWCA Civ 932 (25 April 2018)

This is clear criticism by the Court regarding the practice of advancement of inadequately or  poorly prepared Article 8 applications.

Such applications  clearly need to be particularised as to  circumstances, buttressed   by relevant supportive evidence. Generic  and vague cover letters will not suffice more so where it is  subsequently sought to  mount future challenges in the higher courts.

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Zimbabwean national with 17years UK residence satisfies the rigorous “very significant obstacles to integration” requirement in both tiers of the Tribunal

Posted on by Standard 2

Disappointingly in this case, the  First Tier Tribunal permitted  itself to be persuaded  by the Home  Office  to grant  permission to appeal in relation to an Immigration  Judge’s decision allowing  the Appellant’s Article 8 appeal.

 

Ironically, the same Home Office Guidance on private life which the Secretary of State  relied  upon and which formed the basis of grant of permission, was utilized  to the Appellant’s benefit in the Upper Tribunal – although neither   the presenting officer nor  myself  at the First Tier Tribunal hearing   referred to  it all.  The Immigration Judge made no reference to  the guidance in her decision when allowing the Appellant’s appeal.

 

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