Dasgupta (Error of Law – Proportionality – Correct Approach): UTIAC 11 Dec 2015

(i) A tribunal’s failure to make clear findings about family life is not per se erroneous in law where its existence has not been contested in the Secretary of State’s decision and has not been challenged at the appeal hearing and the tribunal’s decision is not otherwise unsustainable in law.
(ii) The question of whether there is family life in a child/grandchild context requires a finding of something over and above normal emotional ties and will invariably be intensely fact sensitive.
(iii) In error of law appeals, the Upper Tribunal should apply the principles in Edwards v Bairstow [1956] AC 14 .
(iv) In appeals involving the proportionality of an interference with a Convention right, the ultimate question for the Upper Tribunal is whether the interference is proportionate, per Huang v Secretary of State for the Home Department [2007] 2 AC 167.

Citations:

[2016] UKUT 28 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 31 January 2022; Ref: scu.560524