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This is his appeal against the determination of First-tier Tribunal Judge Hussain, who dismissed his appeal against the decision of the respondent, dated 18.6.13, to refuse him entry clearance to the United Kingdom as the dependant son of Mr Gajbir Rana. The Judge heard the appeal on 20.5.14.
I found such errors of law in the decision of the First-tier Tribunal that I set it aside and adjourned the remaking of the decision to a continuation hearing before me in the Upper Tribunal.
Although the case law continues to develop, the current position is perhaps best expressed in paragraph 135 of R(MM (Lebanon)) v SSHD [2014] EWCA Civ 985 :
I should also recall that the threshold to engage article 8(1) is not particularly high (see VW (Uganda) v SSHD [2009] EWCA Civ 5 ).
In conducting any proportionality balancing exercise under article 8 I have to have regard to the effect of the historic injustice, which interest, if it can be shown that but for the historical injustice the ex-Ghurkha would have settled in the UK at a time when the child could have joined him, has been held to be likely to outweigh the public.
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