UI2024002358

The Appellant appealed with permission granted by First-tier Tribunal Judge Dempster dated 13 May 2024 against the decision of First-tier Tribunal Judge Hoffman who had dismissed the appeal of the Appellant against the refusal of his international protection and human rights claims. The decision and reasons was promulgated on or about 25 March 2024.

The Appellant made further applications for leave to remain, which were respectively refused on 20 March 2014, 10 June 2014, 4 September 2015 and 7 September 2018. The Appellant appealed the last refusal decision which appeal was dismissed on 16 October 2019 on the basis that the Appellant would claim asylum, which he did on 6 November 2019. The Appellant's asylum claim in summary was that he was at risk on return from the government of Uzbekistan because of his wife's family's connection to an HIV+ medical negligence scandal.

Judge Hoffman reviewed the Appellant's evidence in detail. He found, to the lower standard, that the Appellant was of no likely adverse interest to the Uzbek authorities. Much of the asylum claim was incredible. There has been no challenge to those findings and the consequent dismissal of the asylum claim.

As to the Appellant's Article 8 ECHR claim, Judge Hoffman found that, while the Appellant and W remained legally married, their relationship was no longer genuine and subsisting. They had ceased to live together as husband and wife for a number of years. Thus there was no family life claim.

Concerning the Appellant's private life claim, Judge Hoffman adopted a balance sheet approach. It was not argued that the Appellant would face any very significant obstacles in re-establishing himself in Uzbekistan.