CONCLUSION
175. In conclusion, our decision on the individual grounds is as follows: Grounds 1, 4 Application in relation to the 2018 decision is dismissed. In relation to the 2019 decision, permission is refused. Grounds 2, 3, 5, 6, 8, 9, 10 Permission refused so far as both decisions are concerned. Ground 7 (In relation to both decisions) Permission is granted, the application in relation to both decisions is dismissed Signed Stephen H Smith
13 December 2019 Upper Tribunal Judge Stephen Smith
- JUDGMENT
- MS (India) and MT (Tunisia) v Secretary of State for the Home Department
- MS (India)
- Ground 4
- Ground 2
- Ground 3
- Ground 5
- Ground 6
- Ground 7 (original ground 1)
- Ground 8 (original ground 2)
- Ground 9 (original ground 3)
- Ground 10 (original ground 4)
- RELEVANT LAW AND POLICY
- refoulement
- Agyarko
- DISCUSSION
- Current barriers to removal
- Duration of leave
- Pretty v United Kingdom
- expulsion or other measures
- Bensaid v United Kingdom
- MS (India) and MT (Tunisia)
- Jeunesse
- Kardi v Secretary of State for the Home Department
- Kardi
- Babar
- Razgar
- Limited leave to remain on the grounds of private life in the UK may be granted for a period not exceeding 30 months
- Ruhumuliza v Secretary of State for the Home Department
- KO (Nigeria) v Secretary of State for the Home Department
- KO (Nigeria)
- due regard has been given to the medical evidence that your client has provided in support his claim that the duration of leave granted may have a future adverse effect on his mental health
- GROUNDS 8 AND 9 – EQUALITY ACT 2010
- S and Others v Secretary of State for the Home Department
- CONCLUSION