Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
             By a decision dated 28 November 2023, First-tier Tribunal Judge J. Robertson ("the judge") dismissed an appeal brought by the appellant, a citizen of Australia, against the decision of the Secretary of State dated 1 November 2022 to refuse her human rights claim made in the form of an application for leave to remain. The judge heard the appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 ("the 2002 Act").
             The appellant now appeals against the decision of the judge with the partial permission to appeal of First-tier Tribunal Judge Moon.
             At the hearing, Mr Lawson very fairly conceded that the judge had made an error of law in relation to the application of section 117B(6) of the 2002 Act. I agreed, and set the decision of the judge aside, remaking it by allowing the appeal, with full reasons reserved, which I now give.
             The appellant entered the United Kingdom on a visitor's visa, expecting to be able to apply for a spousal visa from within the country. She did not know that that would not be possible. The application was refused on the basis that, amongst other matters, she could not meet the immigration status requirement contained in Appendix FM of the Immigration Rules (para. E-LTRP.2.1. to 2.2.).
             The refusal of the appellant's application was treated as the refusal of a human rights claim and the appellant appealed to the First-tier Tribunal.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.