Decision
126. The appeal is dismissed .
- DECISION AND REASONS
- kground
- and Issues in Dispute
- Evidence of the appellant
- Evidence of the appellant’s partner
- Documentary evidence
- Assessment of the evidenc
- Findings of Fact
- respondent
- t would be disproportionate for the appellant to be removed unless she would be able to re-enter the UK
- Immigration Rules
- Chikwamba
- principle’)
- must
- Nationality Immigration and Asylum Act 2002
- and the reasonableness of expecting the appellant’s daughter to leave the UK
- (Case C-34/09)
- the appellant’s
- her daughter
- being deprived of the genuine enjoyment of the substance of her European Union citizenship rights
- The test of compulsion is thus a practical test to be applied to the actual facts and not to a theoretical set of facts.
- the Court of Appeal was wrong in this case to bring the question of the mother’s choice into the assessment of compulsion.
- Decision