UI2023000470

       The Secretary of State appeals with permission against the decision of the First-tier Tribunal(Judge Moran) (hereinafter referred to as the "FtTJ") who allowed the appeal against the decision made to refuse her application for leave to remain on human rights grounds in a decision promulgated on 21 January 2023. .

       The First-tier Tribunal did not make an anonymity order and no grounds have been advanced on behalf of the appellant to make such an order.

GEN.3.2.(1) Subject to sub-paragraph (4), where an application for entry clearance or leave to enter or remain made under this Appendix, or an application for leave to remain which has otherwise been considered under this Appendix, does not otherwise meet the requirements of this Appendix or Part 9 of the Rules, the decision-maker must consider whether the circumstances in sub-paragraph (2) apply.

(2) Where sub-paragraph (1) above applies, the decision-maker must consider, on the basis of the information provided by the applicant, whether there are exceptional circumstances which would render refusal of entry clearance, or leave to enter or remain, a breach of Article 8 of the European Convention on Human Rights, because such refusal would result in unjustifiably harsh consequences for the applicant, their partner, a relevant child or another family member whose Article 8 rights it is evident from that information would be affected by a decision to refuse the application.'

I accept that there is family life between SA and SC and that the decision interferes with this to an extent potentially engaging Article 8. The issue is the proportionality of that interference.