Case details

Pereira (Appellant) v Secretary of State for the Home Department (Respondent)

Case ID: UKSC 2016/0207

Case summary

Issue(s)

The correct approach to determining when it will be unreasonable to expect a non-British child who has been resident in the UK for seven or more years to leave the UK under 276ADE(1)(iv) of the Immigration Rules.

Facts

The Appellant is a citizen of Sri Lanka. He arrived in the UK as a dependent of his father in 2006 aged seven. In November 2013 he applied in his own right for indefinite leave to remain in the UK under 276ADE(1)(iv) of the Immigration Rules. His application was refused by the Respondent on the basis that it was not unreasonable for him to return to Sri Lanka given that both his parents had been refused further leave to remain in the UK. He appealed this decision to the First-tier Tribunal. The First-tier Tribunal allowed the appeal but failed to consider at all whether it was unreasonable for the Appellant to leave the UK. The Upper Tribunal overturned the appeal and remade the decision holding that it would not be unreasonable for the Appellant to return to Sri Lanka. The Court of Appeal held that the Upper Tribunal had failed to properly carry out the proportionality assessment and remitted the case to the Upper Tribunal. The Appellant contends that his appeal should have been allowed outright.

Judgment appealed

[2016] EWCA Civ 1091

Parties

Appellant(s)

Aakash Sandeep Hevabadugala Pereira

Respondent(s)

Secretary of State for the Home Department

Appeal

Justices

Lord Kerr, Lord Wilson, Lord Reed, Lord Carnwath, Lord Briggs

Hearing start date

17 Apr 2018

Hearing finish date

18 Apr 2018

Watch hearing
17 Apr 2018 Morning session Afternoon session
18 Apr 2018 Morning session Afternoon session