Emma Harris obtains permission to Judicially Review a fresh claim decision on “Insurmountable Obstacles”

Emma Harris, appearing in the Upper Tribunal, today obtained permission to judicially review the decision of the Secretary of State to refuse her client leave to remain in the UK with his British partner. She successfully persuaded the Judge that it was arguable that it could be an insurmountable obstacle to the family life of an Applicant and his partner if the partner has a dependent adult relative who she would have to remain in the UK to care for were the Applicant to be removed.

The Judge was also persuaded that it was arguably unlawful for the written evidence of family members to be disregarded as “self-serving” without further assessment on the basis that they were letters written in support of an Applicant in making his application.