UI2022000228

              This is an appeal by a citizen of Zimbabwe against the decision of the Secretary of State refusing leave to remain on human rights grounds. The appeal has previously been determined unsatisfactorily and a decision of the First-tier Tribunal was set aside by Upper Tribunal Judge Allen.

              In the ordinary course of events people who do not satisfy the requirements of the Rules have trouble showing that refusal is disproportionate but whilst this application has been underway the appellant has succeeded in being in the United Kingdom for more than twenty years and the relevant Rule is now perfectly plain, namely that where a person has been in the United Kingdom for over twenty years and they are over 18 ordinarily, in the absence of special circumstances, they are entitled to remain.

              Mr Wain, correctly, reminded me that it does not follow as night follows day that a person is entitled to remain and there still has to be the question of whether the decision is proportionate but he could not point me to anything that suggests that this is a case that is an exception to the ordinary circumstances where the Rules show that a person would be entitled to remain.

              It follows from the fact that the Rules allow it that it is ordinarily going to be disproportionate to refuse it and indeed there is authority to precisely that effect from the Court of Appeal which was cited before me.

              There is no point making a big meal out of this, this is a claimant who has stayed in the United Kingdom for long enough to be entitled to remain. Removal would be disproportionate and I allow her appeal.