[2023] UKUT 00293 (IAC)

Dani (non-removal human rights submissions)

Promulgated on 2 November 2023

THE IMMIGRATION ACTS

Before

THE HON. MR JUSTICE DOVE, PRESIDENT

UPPER TRIBUNAL JUDGE STEPHEN SMITH

Between

Taulant Dani

(NO ANONYMITY DIRECTION MADE)

Appellant

and

Secretary of State for the Home Department

Respondent

Representation:

For the Appellant: Mr R. Toal, Counsel, instructed by the Bureau for Migrant Advice and Policy

For the Respondent: Mr E. Terrell, Senior Home Office Presenting Officer

1) The mere refusal of leave to remain under the EUSS is not, without more, a "human rights claim" under section 113(1) of the 2002 Act.

2) Consequently, the "new matter" regime does not regulate the Tribunal's consideration of non-removal human rights submissions.

3) But the Tribunal may only consider matters which it thinks are "relevant to the substance of the decision appealed against".

4) Whether Article 8 is engaged by a decision to refuse an EUSS application is not "relevant to the substance of the decision appealed against"; the Tribunal cannot not consider it. The Tribunal does not enjoy a broad, unencumbered jurisdiction to consider non-removal human rights submissions at large.

5) In any event, Article 8 will not, without more, be engaged by a decision to refuse leave to remain under the EUSS.

6) Section 7(1)(b) of the Human Rights Act 1998 does not permit an appellant to advance a free-standing Article 8 claim in proceedings before the First-tier Tribunal.

DECISION AND REASONS