Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
This matter comes before me for consideration as to whether or not there was an error of law in a determination before the First-tier Tribunal (Judge Gibbs) promulgated on 25 June 2014. For convenience I shall refer to the parties as the Secretary of State who is the appellant in these proceedings, and to the claimants who are mother and son.
The grounds argued that the Tribunal failed to consider the feasibility of relocation of the second claimant to South Africa in terms of family support, social and cultural ties or adaptability, and failed to consider and apply EX.1 to the circumstances of the first claimant.
Permission was granted by First-tier Tribunal Judge White on 16 July 2014 on both grounds.
I heard submissions from both representatives. The Secretary of State�s main concern is that the Tribunal failed to consider the alternative position for the family to live in South Africa and in particular the second claimant�s likely position and ability to integrate. I am satisfied that the Tribunal engaged with the evidence and made clear findings supported with sound reasons. The Tribunal found the evidence from the first claimant to be credible [11]. I summarise the findings made:
i) the second claimant had spent all of his life in the UK and was distressed at the prospect of moving to an entirely new country[12][14]
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.