R (on the application of JT) v Secretary of State for the Home Department

Immigration – Asylum seeker. The applicant Sri Lankan national sought permission to challenge the lawfulness of the defendant Secretary of State's decision to refuse his claim under art 8 of the European Convention on Human Rights and to certify it under s 94B of the Nationality, Immigration and Asylum Act 2002. The Upper Tribunal (Immigration and Asylum Chamber), in refusing permission, held that the Secretary of State's decision to certify his claim was unarguably lawful, in particular, absent any specific evidence of serious irreversible harm to the claimant's child during the period of his absence whilst he pursued an appeal from abroad.

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