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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Singh v The Secretary of State for the Home Department  EWCA Civ 1504 (22 August 2019)
Cite as:  EWCA Civ 1504
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ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
UPPER TRIBUNAL JUDGE JACKSON
Appeal No IA/33331/2015
Strand, London, WC2A 2LL
B e f o r e :
| BALWINDER SINGH
| - and -
| THE SECRETARY OF STATE FOR
THE HOME DEPARTMENT
Andrew Bershadski (instructed by Government Legal Department) for the Respondent
Hearing date: 22 August 2019
Crown Copyright ©
Lord Justice Hickinbottom:
(a) it is necessary to do so to avoid real injustice;
(b) the circumstances are exceptional and make it appropriate to reopen the appeal; and
(c) there is no alternative effective remedy.
These are pre-conditions to the jurisdiction arising. Rule 52.30(2) makes clear that, for these purposes, "appeal" includes "application for permission to appeal".
"In the case of a person who is not liable to deportation, the public interest does not require the person's removal where –
(a) the person has a genuine and subsisting parental relationship with a qualifying child, and
(b) it would not be reasonable to expect the child to leave the United Kingdom."
i) The Applicant's application under CPR rule 52.30 be granted.
ii) The final determination and Order of Sir Stephen Silber dated 11 March 2019 be set aside.
iii) The appeal be reopened.
Further, by consent, I shall order that:
iv) Permission to appeal be granted.
v) The appeal be allowed.
vi) The decision of Upper Tribunal Judge Jackson dated 6 July 2018 be set aside.
vii) The matter be remitted to the Upper Tribunal (Immigration and Asylum Chamber) for the appeal from the decision of the First-tier Tribunal (Immigration and Asylum Chamber) dated 2 March 2018 to be redetermined.