Permission for Judicial Review Granted on Article 8 Human Rights Grounds

On 8 October 2021, Jibreel Tramboo appeared at the Upper Tribunal before Judge Smith in a claim for Judicial Review (JR) for permission to bring JR proceedings against a decision of the respondent dated 11 February 2021 to refuse the applicant’s asylum, humanitarian protection and human rights claim and certify it as ‘clearly unfounded’ under section 94 of the Nationality, Immigration and Asylum Act 2002. Permission was refused on the papers by Upper Tribunal Judge (UTJ) Sheridan on 29 June 2021.

In a renewed oral application at the Upper Tribunal, Jibreel argued on 4 grounds in the claim. However, in submissions, Jibreel emphasised particularly on the human rights ground and that the comprehensive evidence submitted by the applicant illustrated his residence within the United Kingdom for 20 years. UTJ Smith expressed that when reviewing a certification under section 94 of the 2002 Act, an applicant’s case must be taken at its highest. As such, Jibreel argued that the applicant could succeed in a human rights claim based on meeting the criteria contained in paragraph 276ADE(1)(iii) of the Immigration Rules.

To that extent, the Court granted permission on the applicant’s human rights grounds.

Jibreel Tramboo was instructed by MT UK Solicitors, Twickenham

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