UTIAC (i) Sections 117A and 117B of the Nationality, Immigration and Asylum Act 2002 are not confined to an appeal under section 84(1)(c). They apply also to appeals brought under section 84(1)(a) and (g).
(ii) Section 117B(4) and (5) of the 2002 Act, which instruct Judges to attribute ‘little weight’ to the considerations specified therein, do not give rise to a constitutionally impermissible encroachment on the independent adjudicative function of the judiciary.
(iii) A private life ‘established’, in the wording and in the context of section 117B(4) and (5) of the 2002 Act, is not to be construed and confined to the initiation, or creation, of the private life in question and not its continuation or development.
(iv) The adjective ‘precarious’ in section 117B(5) of the 2002 Act does not contemplate only, and is not restricted to, temporary admission to the United Kingdom or a grant of leave to remain in a category which permits no expectation of a further grant.
McCloske P J
[2015] UKUT 515 (IAC)
Bailii
England and Wales
Immigration
Updated: 04 January 2022; Ref: scu.553204