PG (USA) v Secretary of State for the Home Department

Immigration – Leave to remain. The appellant national of the United States (PG) appealed to the FTT against the refusal of her applications for entry clearance and for leave to remain in the United Kingdom. The First-tier Tribunal (Immigration and Asylum Chamber) (the FTT) allowed her appeal and the Upper Tribunal (Immigration and Asylum Chamber) (the tribunal) set aside the FTT's decision and determined that PG's claim under art 8 of the European Convention on Human Rights could not succeed. The Court of Appeal, Civil Division, in allowing PG's appeal, declined to uphold the tribunal's decision. However, the FTT had, inter alia, made a material error of law when it had purported to identify the relevant test. It followed that the FTT's decision was not sustainable and the case would be remitted to the tribunal to reconsider the decision as to art 8 of the Convention.

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