MSA, petitioner

Immigration – Leave to remain – Right to private and family life – Certification of claim as 'clearly unfounded'. Court of Session: Granting a judicial review petition by a 66-year-old citizen of St Lucia, who challenged a decision to certify her application for leave to remain in the UK on the basis of her private and family life as clearly unfounded, the court concluded that the decision letter failed to address the issue of whether the loss of one of the petitioner's grandson's primary carers was something that, when balanced against other factors, nonetheless rendered a decision to remove her from the UK a proportionate one, and that error was sufficiently material to vitiate the decision to certify the claim.

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