30.01.2013 – In Izuazu -v- SSHD, the Upper Tribunal allowed an appeal brought by the Secretary of State against the decision of the First Tier Tribunal.
The decision, presided over by the President of the Immigration and Asylum Chamber, confirmed that the attempt by the Home Office to circumvent judicial scrutiny in Article 8 cases could not be achieved by means of the amendments made to the immigration rules in July 2012.
The tribunal accepted that although the Secretary of State was entitled to have her own view as to how the Article 8 balance should be struck in an assessment of rights to private and family life, this would not prevent the tribunal from coming to its own conclusion on what would generally be a fact sensitive question.
The ruling confirms that the Home Office are not entitled to use the immigration rules to change the goalposts when courts are required to consider the impact of Article 8 in deportation and removal cases.
Luqmani Thompson & Partners represented the claimant in this matter.