Human Right Artcile8 for student ..Good case law

[alikhan28]

Hi forum

Just come acrss a new case law thats was win and interestly applicant wins on unusal grounds like

1.Third part support was accepted for maintenance

2.Article 8 Human rights of student were accepted.Wow

24. In our judgment, the application to this appellant of the Policy Guidance that prevented her from obtaining the extension at the time and in the circumstances set out above, was a disproportionate interference with private life that deserved respect as long as she continued to meet the other requirements of the Rules and make appropriate progress in her course of studies here.

25. We would accordingly have allowed her appeal on this basis as well.

Very good case law.

http://www.bailii.org/uk/cases/UKUT/IAC ... razil.html

Ali

[alikhan28]

Hi

Please share yours views on this judgment.

Ali

[alikhan28]

Hi forum

One more good case law for students.

The main grounds of allowed appeal are

[quote]1.Visa Policy is not a Law

2.Artcile8 was accepted until to complete studies.

3.Joint bank account is not necessarily required for husband and wife case.
[/quote]


I quote few words here

24. Here the IJ seems to have accepted the explanation that the bank account remained in the husband’s sole name for purely cultural reasons, even though the husband was dependent on the outcome of his wife’s application to obtain a subordinate ability to reside in the UK in accordance with the Rules.

. In our judgment, on the evidence before the IJ and accepted by him, this appellant was able to demonstrate that she had funds available to her from a UK bank account and this was sufficient for the purposes of Appendix C. She did not need to go on to comply with additional requirements of the Policy Guidance.

26. This conclusion is sufficient to allow the appeal.

27. The IJ did not consider Article 8 and it has not been argued before us. We heard the appeal along with case CDS where we consider the application of Article 8 in some detail from [16] onwards. If we were wrong about our primary conclusion in the present case, we consider it quite likely that Article 8 would prevent this appellant’s course of studies in the United Kingdom being terminated for the reasons that it was.

28. This appeal is allowed.

http://www.bailii.org/uk/cases/UKUT/IAC ... geria.html

Ali

[Mysterymeow]

Fantastic! Makes me ever so happy when appeals are won. Lays further areas to be allowed for consideration in later appeals.

I read a brilliant document by ILPA stating a case how PBS criteria can be seen as discriminatory, in gender, culture etc.

Have a read. I think it is particularly poignant and hope it carries weight at some point.

http://www.ilpa.org.uk/submissions/10%2 ... %20_2_.pdf

[alikhan28]

Fantastic! Makes me ever so happy when appeals are won. Lays further areas to be allowed for consideration in later appeals.

I read a brilliant document by ILPA stating a case how PBS criteria can be seen as discriminatory, in gender, culture etc.

Have a read. I think it is particularly poignant and hope it carries weight at some point.

http://www.ilpa.org.uk/submissions/10%2 ... 2_.pdf[url][/url]

Yours link is not working.

Indeed these are great case law for students and tier applicants.

Ali

[Mysterymeow]

Oops, try it now!