The Court of Appeal has handed down its judgment in this entry clearance matter, allowing the Secretary of State’s appeal against a decision of the Upper Tribunal. Zainul Jafferji and Huzefa Broachwalla appeared as counsel for the client, instructed by Abbott Solicitors. The Secretary of State was represented by Zane Malik KC, instructed by the Government Legal Department.
Background
Our client, a Jamaican national, applied for entry clearance to join his British wife and daughter in the United Kingdom. The Home Office refused the application on the basis that his exclusion was conducive to the public good, citing a conviction for a sexual offence in the United States in 2008 for which he received a three-year sentence.
Our client appealed. The First-tier Tribunal allowed the appeal, finding that his risk of reoffending was negligible and that the public interest in exclusion did not outweigh the interference with his Article 8 right to family life. The Upper Tribunal dismissed the Secretary of State’s appeal against that decision.
The Court of Appeal’s Finding
The Secretary of State appealed further to the Court of Appeal. The Court allowed the appeal on the basis that the First-tier Tribunal’s reasoning was perverse. The Court found that the FTT had itself concluded that our client retained some residual sexual attraction to children, yet went on to find that there was no public interest in refusing entry clearance. Those two conclusions were self-contradictory, and the FTT had provided no adequate reasoning to bridge them.
The Outcome That Matters for Our Client
Although the Secretary of State’s appeal succeeded, Mr Jafferji successfully resisted the submission that our client’s application for entry clearance was bound to fail and should be dismissed outright.
The case has been remitted to the First-tier Tribunal for a full and fresh assessment. The FTT will now consider afresh whether the public interest in excluding our client is outweighed by the Article 8 rights engaged, including his right to family life with his wife and British daughter.
Our client’s case remains live. If you have received a refusal of entry clearance or are facing a Home Office decision that engages your right to family life, our immigration appeals team can advise you on the options available. Where a decision requires a legal challenge, we can also advise on judicial review proceedings.
Counsel
Zainul Jafferji and Huzefa Broachwalla appeared for our client, instructed by Abbott Solicitors. You can view Mr Zainul Jafferji’s full profile and notable cases on our team page.
Zane Malik KC appeared for the Secretary of State, instructed by the Government Legal Department.
This article is for information purposes only and does not constitute legal advice. Every case turns on its own facts and circumstances. If you or someone you know is facing a refusal of entry clearance or has concerns about a Home Office decision, please contact us for advice specific to your situation.
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