[2023] UKUT 00164 (IAC)

Whilst the FTT set out s.117C (which contains the wording of Exception 2), there is no indication within the decision that there was a self-direction to the elevated standard required by the ‘unduly harsh’ concept – see HA (Iraq) v SSHD [2022] UKSC 22; [2022] Imm AR 1516 at [41] and [44] as applied recently in Sicwebu v SSHD [2023] EWCA Civ 550 at [27]. We accept that the FTT has not applied the unduly harsh test to the facts and circumstances of this case. The FTT failed to give adequate reasons why the effect of deportation on this two-year-old child would meet the elevated threshold. The reasons provided go no more than stating the relationship is close, they depend upon one another and the father is the carer when the mother works.

We are satisfied that the respondent has made out ground 5.