UTIAC In the case of appeals brought against refusal of entry clearance under Article 8 ECHR, the claimant’s ability to satisfy the Immigration Rules is not the question to be determined by the Tribunal, but is capable of being a weighty, though not determinative, factor when deciding whether such refusal is proportionate to the legitimate aim of enforcing immigration control.
McCloskey J, P UT, Perkins UTJ
[2015] UKUT 112 (IAC)
Bailii
European Convention on Human Rights 8
England and Wales
Immigration, Human Rights
Updated: 30 December 2021; Ref: scu.547322