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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Kaur v Secretary of State for the Home Department [2023] EWCA Civ 1353 (17 November 2023) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2023/1353.html Cite as: [2023] EWCA Civ 1353 |
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ON APPEAL FROM UPPER TRUBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
UPPER TRIBUNAL JUDGE GLEESON
IA/06589/2015
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE BAKER
and
LORD JUSTICE STUART-SMITH
____________________
GURDEEP KAUR | Appellant |
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- and - |
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SECRETARY OF STATE FOR THE HOME DEPARTMENT | Respondent |
____________________
Émilie Pottle (instructed by Government Legal Department) for the Respondent
Hearing date: 1 November 2023
____________________
Crown Copyright ©
Lord Justice Stuart-Smith:
Introduction
Factual and procedural background
The hearing and judgment below
"Applicant meets the English Language Requirement: E-LTRP.4.1. Has TOEIC Certificate with a total score of 550 and NARIC letter to confirm language proficiency."
"Level of English: The level of English language for the above degree course does not meet the requirements of CDFR level C1.
Additional information:
Although it is confirmed that English is the medium of instruction in the teaching and examination system of the department providing this award, it unfortunately has not been possible to confirm that the necessary English language requirements for CEFR Level C1 are met upon completion.
Nonetheless, as English was the medium of instruction for the above course of study, it is therefore possible for us to confirm that the individual will have at least met the required proficiency expressed for CEFR A1 …"
"English language requirement
E-LTRP.4.1 … [T]he applicant must provide specified evidence that they –
(a) …
(b) have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State;
(c) have an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor's … degree … in the UK, which was taught in English; …"
"73. I remind myself that the appellant cannot bring herself within the Article 8 ECHR element of the Rules. As regards Article 8 outside the Rules, there is no evidence of the family disapproval relied upon. The appellant's account, and that of her husband, as to what she did when she went back to India is discrepant: the appellant says she went in 2015 to see her mother, but her husband says she went in 2014 to a friend's wedding and did not see her family.
74. The appellant is not currently receiving any in-vitro fertilisation treatment because the respondent has her passport, on her account. There are no significant obstacles to her reintegration in India on return, nor indeed are there any insurmountable obstacles to this couple living together in India, of which they are both citizens, if they choose to do so."
The appeal
Conclusion
Lord Justice Baker
Lord Justice Holroyde