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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> BL (Serbia) v Secretary of State for the Home Department [2007] EWCA Civ 1458 (05 November 2007) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2007/1458.html Cite as: [2007] EWCA Civ 1458 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL
[AIT No: IA/00138/2005]
Strand, London, WC2A 2LL |
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B e f o r e :
and
LORD JUSTICE LAWS
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BL (SERBIA) |
Appellant |
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- and - |
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THE SECRETARY OF STATE FOR THE HOME DEPARTMENT |
Respondent |
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A Merrill Communications Company
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THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
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Crown Copyright ©
Lord Justice Laws:
"We are of the opinion that, in the special circumstances of the instant appeal where, not alone [they mean 'not only'] was there a family life between the appellant and her sister in law, while they were living in Kosovo, and as the family life continued in the United Kingdom, and as the status of the appellant's sister in law had been settled only three days after the decision in the case of the appellant, we find that, interpreting Article 8 in its broadest sense, as suggested by Collins J in Arman Ali [2000] INLR 89, the return of the appellant to Kosovo would be a disproportionate interference with her family life in the United Kingdom".
"16. These reasons may be summarised as follows:
(a) It was not considered that the appellant's relationship with her sister in law was of sufficient proximity to give rise to family life for the purpose of Article 8. Such relationship could be maintained from overseas.
(b) Although she was participating in further education and employment in this country, those were not reasons for granting further leave to remain."
"19. …In this determination the Immigration Judge made the following findings:
(a) Since no evidence had been produced to disturb the findings made by the IAT that there was a family life between the appellant and her sister in law, she had an established private and family life.
(b) There were no insurmountable obstacles to the family returning together to Kosovo.
(c) The appellant's vulnerability as a single woman was 'a truly exceptional feature' and the decision to refuse the appellant a variation of her leave was disproportionate."
"43. …In November 2002 there was a finding by the Immigration Appeal Tribunal that there was family life between the appellant and her sister in law and that removal would amount to a disproportionate interference with that family life. The respondent did not appeal that decision, and I cannot go behind it. I have to look at the situation as it is at the time of the hearing and assess the nature of the relationship between the appellant on the one hand and her sister in law and niece on the other in deciding whether or not there is a family life between them. On the basis of the evidence before me it is clear that not only has there been no change in the nature of their family life since the decision of the Tribunal in 2002, but it is probable that the relationship has strengthened in the period of over four years since that decision. Further, the level of private life the appellant has in this country has also increased as a result of the time that has elapsed. She has been able to continue her education and obtained employment. I therefore find that the appellant has a protective right to a private and family life. I further find that the proposed removal would be an interference with that right and that such interference would have consequences of such gravity as potentially to engage Article 8. It has not been argued that it is not in accordance with the law or necessary. The issue therefore is whether or not it [he means, of course, removal] is proportionate."
"I am not bound by them as the decision was based on the situation of the applicant at the time of the Tribunal's decision."
Lord Justice Ward:
Order: Application granted.