UI2023002924

      The Appellant was born on 1 January 1994. She is a citizen of Sudan. She appealed against the decision of the Respondent dated 20 December 2022, refusing her entry clearance under the refugee family reunion rules. She appeals against the decision of First-tier Tribunal Judge Curtis, promulgated on 22 May 2023, dismissing the appeal.

      Permission was granted for the Appellant to argue that the decision below is flawed for perversity, a failure to take material matters into account, and taking irrelevant factors into account.

      In essence, Ground 1 is that the difference in treatment between the two classes of Spouse applicant, namely those of refugees and those who are not refuges, is either directly or indirectly discriminatory, and offends Article 14 of the European Convention on Human Rights (ECHR).

      Ground 2 is that there are insurmountable obstacles to family life continuing abroad as the Sponsor is a refugee. This was not adequately considered in the proportionality balancing exercise.

      Ground 3 is that the Sponsor's status as a refugee in the United Kingdom is a material matter of particular significance to any wider article 8 analysis and it is perverse that re-entry bans apply to family reunion provisions when refugees are forced to flee their country of origin and family reunion is a key aspect of the Refugee Convention.