Permission sought to appeal to the Court of Appeal on the application of the test in Kugathas

Permission sought to appeal to the Court of Appeal on the application of the test in Kugathas
December 19, 2014

Jonathan Martin and Sara Anzani seek permission to appeal to the Court of Appeal in NW (Sri Lanka) -v- Secretary of State for the Home Department (C5/2014/2322). The case involves the application of the test in Kugathas [2003] EWCA Civ 31, family life in this instance existing between the applicant, an adult, and his parents. The question of whether the court’s decision in Kugathas remains good law was called into question in Ghising (Family Life – Adults – Gurkha Policy – Nepal) [2012] UKUT 160 (IAC) by Lang J and UTJ Jordan, and is due to be considered by the Court of Appeal in VS (India).

NW (Sri Lanka) stayed pending the outcome of the appeal in VS (India).

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