Onwuje and another v Secretary of State for the Home Department

Immigration – Leave to remain. The Upper Tribunal (Immigration and Asylum Chamber) had erred in holding that the decision of the First-tier Tribunal (Immigration and Asylum Chamber) had been wrong in law in its essential finding that art 8 of the European Convention on Human Rights had been engaged. However, the Court of Appeal, Civil Division, in dismissing the appellants' appeal, held that their conventional private life case exhibited no compelling reasons such as to require leave to remain outside the Immigration Rules and, as to the effect of the first appellant's removal on the future of his business, removal would plainly be proportionate.

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