RK v A Decision of the Upper Tribunal

in an application for leave to appeal under the Tribunals, Courts and Enforcement Act 2007, section 13

[3] In the foregoing circumstances, the applicant contends that his rights and the rights of his daughter under article 8 of the European Convention on Human Rights have not been adequately taken into account by the First-tier Tribunal and Upper Tribunal. In particular, he contends that, because deportation will inevitably sever his relationship with his daughter to a material degree, her right to enjoy family life will be curtailed to a degree that is disproportionate.

[4] The Upper Tribunal addressed the question of the applicant's relationship with his daughter at paragraph 17 of its decision, which states:

"Reading the determination [of the First-tier Tribunal] fairly and as a whole, the panel was aware that deportation would put an effective end to family life, at least for many years, and realized it had to decide whether such a serious consequence was proportionate. It has not been suggested that the panel could not properly have concluded that it was. The question is not whether that was an available outcome, but whether it was reached via any legal error of approach, and whether it is adequately reasoned".

The Upper Tribunal decided that the conclusion reached by the First-tier Tribunal was properly open to it, adequately reasoned and disclosed no error on a point of law.