R (on the application of Agyarko and others) v Secretary of State for the Home Department

Immigration – Leave to remain. The respondent Secretary of State refused the first and third appellants' applications for leave to remain under Appendix FM to the Immigration Rules and decided that there were no exceptional circumstances to warrant the grant of leave to remain outside the Rules, under art 8 of the European Convention on Human Rights. The Upper Tribunal (Immigration and Asylum Chamber) refused to grant them permission to seek judicial review. The Court of Appeal, Civil Division, dismissed the appellants' appeals. In so doing, it considered, inter alia, the nature and application of the phrase 'insurmountable obstacles', as used in para EX.1 of Appendix FM to the Rules.

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