Sarkar v Secretary of State for the Home Department

Immigration – Leave to remain. The defendant Secretary of State refused the claimants further leave to remain and ordered their deportation. The First-tier Tribunal (Immigration and Asylum Chamber) affirmed that decision, but the Upper Tribunal (Immigration and Asylum Chamber) (the UT) set aside the deportation order. The claimants appealed on the ground that the UT had failed to deal with their case under art 8 of the European Convention on Human Rights. The Court of Appeal, Civil Division, in dismissing the appeal, held that if there had been an error of law in failing to formally dispose of the claim under art 8 of the Convention, it had not been material and the UT had been right to refuse permission to appeal in respect of it.

Category: