Evidence of the appellant’s partner
32. The appellant’s partner adopted his witness statement dated 15 April 2019. 33. In his statement he state d that the appellant is the main carer for their daughter and that because of his work commitments he is unable to look after her. He also state d that he would not be able to cope with looking after her. 34. He state d that he and the appellant enjoy a family life with his two sons from a previous marriage. 35. He also state d that due to the nature of his work and financial commitment of supporting three children he would find it difficult to meet the financial requirements for his partner to be granted entry clearance. 36. In oral evidence he stated that he is a carpet fitter on a zero hours contract earning £250-£300 a week “cash in hand”. He stated that he was a carpet shop proprietor a n umber of years ago for a short period but it had not gone well. In response to questions about his income, he said that he would not be able to earn £19,000 – £20,000 , which he under stood was the level required for his partner to be admitted to the UK. When asked why, in the 2018 application, it was said that he earned £1,600 a month after tax, his response was that his income goes up and down and he can have some good and some bad months; but he does not earn near that amount and it is impossible to do so in his line of work. 37. He stated that all his family live in the UK and he does not have any extended family in Pakistan . 38. He stated that his partner used to have an uncle in Pakistan but that he has now moved to the UK. He stated that his partner speaks to this uncle on the telephone now and then. He also stated that his partner did not have any other extended family in Pakistan. In response to Mr Lindsay pointing out that the appellant had said her uncle had died, he s tated that this was probably a different uncle and that he did not really know the details.
- 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
