AE (Algeria) v Secretary of State for the Home Department

Immigration – Leave to remain. The claimant, an Algerian national, appealed against the decision of the Upper Tribunal (Immigration and Asylum Chamber) (UT) dismissing his appeal against the Secretary of State refusal to grant him leave, and his family further leave, to remain in the United Kingdom on account of his child's medical condition. The Court of Appeal, Civil Division, dismissed the appeal based on art 3 of the European Convention of Human Rights, but allowed the appeal based on art 8 of the Convention, where the UT's decision on art 8 of the Convention had contained contradictions and it had not been possible to be confident that the UT's approach to art 8 had been free from material legal error.

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