An Uzbekistan national (Appellant) was refused a leave to remain in the UK when she could not demonstrate that she meets English language requirements, and subsequently refused a right to remain in the UK on the basis of her family life in the UK for the use of deception in her previous immigration application through using a proxy speaker during the English language test.
However, the refusal by the Secretary of State (Respondent) was successfully challenged and appeal was allowed on the human rights grounds.
The Appellant used deception when undertaking English language test for her student visa application and its extension.
The main question for the Judge was whether it is in the public interest to allow someone who has used deception in order to extend her leave to remain in the UK under Article 8.
The Judge has noted that it was important to consider the history of proceedings: an appeal to the refusal was initially allowed but reconsidered by the Respondent and the decision reversed. Furthermore, the issue of deception had been considered by the First Tier Tribunal and the Upper Tribunal in previous proceedings.
The Appellant formed a family life in the UK with her husband, in the belief that the issue of deception had been determined in the previous proceedings. This, together with the interference in the family life of the Appellant’s husband, were the material reasons to allow the appeal.
However, the Judge noted that he would not normally allow the appeal on these facts, had it not been for the history of the proceedings and insurmountable obstacles the Appellant’s husband would face if they had to move to Uzbekistan.
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