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Conclusions
Notice of Decision
The appeal is dismissed.
The decision of Judge Veloso did not involve the making of an error of law such that it must be set aside.
Stephen H Smith
Judge of the Upper Tribunal
Immigration and Asylum Chamber
2 November 2023
- Heading
- There are two issues in these proceedings
- Factual background
- Issues on appeal to the Upper Tribunal
- Issue (1): whether the appellant’s Article 8 submissions were a “new matter” requiring the consent of the Secretary of State
- Issue (1) submissions
- Article 8 not engaged by EUSS refusal decision
- Refusal of EUSS leave is not the refusal of a “human rights claim”
- Article 8 not “relevant to the substance of the decision appealed against”
- Issue (2): section 7(1) of the Human Rights Act
- Section 7(1) (b): a shield not a sword
- Conclusions