UI2023002392

              In relation to when she knew that the appellant was illegal in the UK, Ms Oury said that he told her pretty much straight away. She was sympathetic and of course encouraged him to sort out his status, which is why they embarked on the appeal process. When suggested that the appellant could return to Senegal and obtain entry clearance, Ms Oury said it was not guaranteed that this would happen and again that the same would apply for her going to Senegal on a temporary basis.

              The appellant then stated that his partner, Ms Oury, had a disabled sister as well as her mother having been diagnosed with cancer and that she would be unable to leave the UK.

              In her submissions Ms Isherwood asked that the appeal be dismissed. She pointed out there were preserved findings regarding the dismissal of the appellant's asylum claim based on his sexual orientation and conversion to Christianity. She submitted that the appellant said he respects the law but he had chosen to stay actively illegal in the UK from 2015, that he had chosen to act illegally and he had also received a prison sentence for trying to leave the UK.

          I reserved my decision, which I now give with my reasons.

          I have directed myself, when reaching my findings and conclusions, with regard to the judgments in Agyarko (op cit) at [43] and Lal [2019] EWCA 1925 at [37] both of which are set out in the error of law decision. In essence, the test as to whether there are insurmountable obstacles must  be applied in " a practical and realistic sense " and that it is relevant and necessary to have regard to the particular characteristics and circumstances of the individual(s) concerned.