Ground 7 (original ground 1)
: the decision breaches article 8 ECHR, in that the respondent failed to undertake a sufficiently individual and particularised assessment of the relevant factors in the applicant’s case (in accordance with the guidance given by the Court of Appeal in MS (India) ) and the decision is a disproportionate interference with the private and family life of the applicant, his wife and British children in breach of article 8 ECHR and section 6 of the human rights act 1998; d.
- 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