Khan (Appellant) v Secretary of State for The Home Department (Respondent)
Thursday 12 February 2026
The Appellant appeals the determination of the Upper Tribunal (Immigration and Asylum Chamber), dated 30 October 2024, dismissing the appeal against the refusal of an application for leave to remain based on very significant obstacles to return to Bangladesh and on Article 8 of the European Convention on Human Rights.
The Appellant is a national of Bangladesh who entered the United Kingdom in 2009 as a student. His leave was curtailed and expired in September 2015, after which he remained unlawfully. He later married a national of India. He claimed that he would face very significant obstacles on return to Bangladesh and that Article 8 was engaged because he and his wife could not enjoy family life together in either India or Bangladesh.
The First‑tier Tribunal dismissed the appeal. It did not apply the Presidential Guidance on vulnerability because the applicant’s mental health or vulnerability had not been raised at the hearing. The Tribunal found that he did not face very significant obstacles to reintegration. After conducting the Article 8 balancing exercise, it found that removal would not be unduly harsh and would be proportionate.
The Upper Tribunal dismissed the appeal.