UI2024001213

      The appellant is male citizen of Pakistan born on 10th June 1953. He made a human rights (Article 8 ECHR) application on the basis that she had established family life with his son (and his son's family) in the United Kingdom and that it would be disproportionate to remove him. The First-tier Tribunal dismissed the appeal. The appellant now appeals to the Upper Tribunal.

      Granting permission, First-tier Tribunal Judge Dainty wrote:

As to ground 1 it is arguable that at [23] (and the following paragraphs) no or insufficient reasons were given for the finding of normal emotional ties. It is arguable that this error then infects the proportionality balance. There are arguable errors of law in grounds 1 and 2.

      In his oral submissions, Mr Winter, who appeared for the appellant, argued that the judge had failed to give sufficient reasons for concluding that the ties between the appellant and his family members were 'normal' rather than unusually close. Having extensively set out the relevant jurisprudence at [22], the judge wrote at [23] writes:

The evidence before me is evidence of the normal emotional ties between a father entering his 70s and his adult son. Although the appellant's grandchildren were mentioned in oral evidence, there is no reliable evidence of the nature and degree of the relationship between the appellant and his grandchildren. In his witness statement the appellant does not mention his grandchildren, nor his daughter-in-law. The appellant's son does not say anything about his children and nothing about the relationship between the appellant and his grandchildren.