Appellant’s Grounds of Appeal before the First-tier Tribunal
12. The appellant appealed against that decision. In his grounds of appeal he stated, in regard to his criminal convictions that he was in possession of drugs because he was addicted to them and not because he had any intention of supplying them. He claimed to be reformed and to be no longer taking drugs. 13. The appellant asserted that he was in a genuine and subsisting relationship with his wife, a British citizen. He stated that he shared the responsibility for the upbringing of their two children. He also shared the responsibility of his eldest child with that child’s mother. He stated that he had a close bond with his children and that his removal would be disproportionate as it would break up the family unit and separate him from his children. He claimed also to have established a private life in the United Kingdom, having resided here for 13 years.
- DETERMINATION AND REASONS
- Basis for Respondent’s Decision
- Appellant’s Grounds of Appeal before the First-tier Tribunal
- Appeal in the First-tier Tribunal
- YM (Uganda) v Secretary of State for the Home Department
- The Secretary of State’s appeal
- Appeal in the Upper Tribunal
- Legislative framework
- (1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—
- (2) In considering the public interest question, the court or tribunal must (in particular) have regard—
- (3) In subsection (2), “the public interest question” means the question of whether an interference with a person’s right to respect for private and family life is justified under Article 8(2).
- (1) In this Part—“Article 8” means Article 8 of the European Convention on Human Rights;
- (2) In this Part, “foreign criminal” means a person—
- (3) For the purposes of subsection (2)(b), a person subject to an order under—
- (4) In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—
- Consideration and findings
- KMO (section 117 – unduly harsh) Nigeria
- DECISION
