SA (Bangladesh) (applicant/appellant) v The Secretary of State for the Home Department (defendant/respondent) and Rahman (applicant/appellant) v The Secretary of State for the Home Department (defendant/respondent)
Tuesday 22 November 2022
Appeal 1 – SA (Bangladesh) – Second appeal. Appeal against the decision of the Upper Tribunal Immigration and Asylum Chamber. National of Bangladesh. Refusal of human rights claim. He arrived in 2007 as a visitor and overstayed. He is married to a British citizen. The Islamic marriage was in 2015 but it was registered under English law in April 2018.
The SSHD refused the human rights claim which was made based on the relationship with the wife.
The FTT dismissed the appeal. It found that the applicant could meet the requirements for entry as a spouse but that removal was compatible with Article 8 ECHR and there were no insurmountable obstacles to family life continuing in Bangladesh.
The UT, in a decision promulgated on 22 June 2021, dismissed the appeal finding no error of law.
Appeal 2 – Rahman – The Appellants appeal the decision of Upper Tribunal Judge Smith dated 31 August 2021 and promulgated on 7 October 2021, which dismissed their human rights appeal.
The Appellant, a national of Bangladesh appealed the SSHD decision of 21 June 2019 to refuse his protection claim made on 21 April 2017. However, he abandoned that claim before the First Tier Tribunal and only pursued his human rights claim, based on his relationship with his British wife, also originally from Bangladesh. The Appellant had arrived in the UK with valid leave as a working holidaymaker until April 2009, he has been without leave since that date.
The First Tier Tribunal dismissed the appeal. Permission to appeal was granted by the Upper Tribunal as the First Tier had not made findings as to the impact on the wife’s treatment if she were to return to Bangladesh. The Upper Tribunal concluded that the public interest outweighs the interference in family and private life and it is not disproportionate for the applicant and partner to continue their family lives in Bangladesh.