IA077962013

This is an application for permission to appeal the decision of First-tier Tribunal Judge Herbert who allowed the appeal of Ms Parsunoo in a determination dated 1 May 2014. The appeal was allowed under Article 8. He found in paragraph 15:

�First and foremost this is a highly unusual case as the appellant does not have any grounds to remain under the Immigration Rules or under Appendix FM paragraph ADE.�

The Secretary of State sought and was granted permission to appeal in what could be said is the Gulshan point in that it was submitted that the judge in finding in the appellant�s favour under Article 8 had failed to consider the principles set out in Gulshan [2013] UKUT 640 (IAC) and Nagre [2013] EWHC 720 (Admin) .

The findings by Judge Herbert which have not been challenged are that Miss Parsunoo and her sister are clearly credible witnesses, that she faced complete ostracism from her family in Mauritius and the stigma and trauma of having been raped by an ex-boyfriend. She was subject to physical abuse in a manner set out in her statement which included being forced to have an abortion as a consequence of the rape and ill-treatment that followed.

The relationship that the appellant has with her sister, who is settled and resident in the UK, is beyond the normal sibling relationship, and that has greatly deepened and strengthened because of the support the sister has given to the appellant during the crisis that has continued to affect her life. He found that the relationship is significant in the scheme of her current application as removal to Mauritius would effectively make that close bond extremely difficult to maintain.