Documentary evidence
39. In the 2016 application form the appellant stated that her place of birth was Dubai. She stated that she was 30 weeks pregnant and the purpose of the application was to obtain a further 6 months leave in order to have her baby and recover fully before leaving the UK. 40. In the 2018 application form she gave Pakistan as her place of birth. She stated that the relationship with her partner began in 2015 and that they began cohabiting in May 2016. She stated that her partner earned approximately £1,600 a month after income tax and other deductions. 41. The appellant’s daughter’s birth certificate records the occupation of the appellant’s partner as “carpet shop proprietor”. 42. On the birth certificate of his oldest son (born in 1982) , the appellant’s partner is described as a “restaurant proprietor”. The birth certificate of his younger son (born in 2003) describes his occupation as “sales assistant”. 43. The appellant’s identification card from Pakis tan (issued in January 2010 and expiring in January 2020) records an address in Dubai as her present address and under the heading “permanent address” records an address in Pakistan. 44. The appellant submitted a letter from her daughter’s nursery stating that the child is progressing well and has developed friendships with peers ; a letter from her GP confirming she is registered with the practice (along with her partner and child); a letter from a friend confirming a longstanding friendship ; and a letter from a neighbour attesting to the good character of the appellant and her partner . 45. The documentary evidence before us regarding timescales for entry clearance applications to join a family member in the UK i ndicates that it takes up to 12 weeks from attending the visa application centre appointment to receive a decision, or 30 days if the priority service is paid for.
- 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
