Neil Sheldon was instructed by the Government Legal Department to defend against two appeals to the Secretary of State for the Home Department’s (SSHD) decision not to grant leave for them to remain in TZ (Pakistan) v Secretary of State for the Home Department : PG (India) v S Secretary of State for the Home Department (2018).
The Court of Appeal considered the principles set out by the Supreme Court in R. (on the application of Agyarko) v Secretary of State for the Home Department [2017] UKSC 11, a case in which Neil Sheldon was also instructed by the GLD (more information here). These appeals utilised the application of Article 8 when non-settled migrants seek leave to remain outside Immigration Rules, which rely on their established relationships with British citizens whilst their immigration status was precarious.
The First-tier Tribunal’s approach to adopt an evaluative mechanism, consistent with the Supreme Court decision and following existing good practice was considered correct. Their decision to uphold the SSHD’s decision not to grant leave to remain was agreed with by the Court of Appeal. The appeals were dismissed.
Read more about the case here.
