ON APPEAL FROM THE UPPER TRIBUNAL (Immigration & Asylum)
Upper Tribunal Judge Freeman
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE LEWISON
LORD JUSTICE FLOYD
| AM (PAKISTAN) & ORS
|- and -
|SECRETARY OF STATE FOR THE HOME DEPARTMENT
Andrew Byass (instructed by Government Legal Department) for the Appellant
Hearing date : 16 March 2017
Crown Copyright ©
Lord Justice Elias:
The substantive appeal
"In the case of a person who is not liable to deportation, the public interest does not require the person's removal where—
(a) the person has a genuine and subsisting parental relationship with a qualifying child, and
(b) it would not be reasonable to expect the child to leave the United Kingdom."
"The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
(iv) is under the age of 18 years and has lived continuously in the UK for at least seven years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK."
The decision of the FTT
"41. Against this background, I attach very significant weight to the legitimate interest of the respondent in maintaining effective immigration control. I have regard to the public interest factors set out in Section 117B of the Nationality, Immigration and Asylum Act 2002 and to the fact that little weight should be attached to a private life that is developed in this country when a person is here illegally or when their immigration status is precarious.
42. When considering where the balance lies between the best interests of the children on the one hand, and the importance of maintaining immigration control on the other, I am mindful of the fact that the children should not be punished for the actions of their parents. But I am entitled to take into account the fact that they are not British Citizen children and are not entitled as of right to benefit from the education system and other public services of this country.
43. Having considered all of the evidence carefully and in the round I have come to the conclusion that it is reasonable for the purposes of paragraph 276ADE(iv) to require the Third and Fifth Appellants to leave the United Kingdom. Whilst it will inevitably cause them some distress and hardship, I am not persuaded that this will be sufficiently grave to outweigh the wider interests of maintaining immigration control. They will be returning as a family unit to a place where they have a large extended family to assist them as they seek to re-establish themselves there. The First Appellant said in his oral evidence that his mother lives in Karachi, as do two of his brothers and their families. He also said that the Second Appellant has two brothers and four sisters living in Karachi together with their spouses and children. They are therefore likely to have assistance in securing appropriate accommodation and making other arrangements for their return. The First and Second Appellants are both well-educated and undertook employed work in Pakistan before coming to this country. There is no reason why they should not obtain suitable employment on their return so as to be able to continue to support their family."
The decision of UT Judge Freeman
The appeal to the Court of Appeal
Is the Court bound by MA (Pakistan)?
Should the case be remitted?
Lord Justice Lewison:
Lord Justice Floyd: