AH, petitioner

Immigration – Leave to remain – Fresh claim – Insurmountable obstacles to family life continuing outside UK. Court of Session: Refusing a judicial review petition by a citizen of the USA seeking reduction of a decision that additional representations that he should be allowed to remain in the UK did not amount to a fresh claim, the application being based on there being insurmountable obstacles to his British partner ever emigrating to the USA to live there with him, the court rejected arguments that for the purposes of paragraphs EX.1 and EX.2 of Appendix FM to the Immigration Rules family life meant only family life where both partners were living together in a country outside the UK; that the respondent had taken account of an irrelevant consideration, namely the precarious nature of the petitioner's unlawful residence in the UK; and that by looking at the prospects of his partner succeeding in attaining the right to live permanently in the USA in future the respondent had misdirected herself.

Category: