SA and others, petitioners

Immigration – Leave to remain – Refusal of leave to appeal. Court of Session: Refusing a judicial review petition by a family of Bangladeshi nationals seeking reduction of the Upper Tribunal (UT)'s refusal of leave to appeal against the First Tier Tribunal (FTT)'s dismissal of their appeal against refusal of their application for leave to remain, the focus of the petition being the third petitioner, a child born in 2008, and the question for the FTT being whether it was reasonable to expect her to leave the UK, the court considered the correct interpretation of s 117B(6) of the Nationality, Immigration and Asylum Act 2002 and held that the UT had not erred in having regard to the circumstances of the family and the first and second petitioners' immigration history, and the FTT had not erred in not mentioning in terms in its decision letter a report from a child psychologist: the court further held that having obtained permission to proceed with the petition the petitioners had met the test in Eba v Advocate General for Scotland and it did not remain to be addressed as substantive issue in determining the judicial review.

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