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Secretary of State loses appeal in Upper Tribunal

Sunil Abeyewickreme, Partner at gunnercooke llp, led the team which successfully resisted the appeal brought by Rt Hon Theresa May, the Home Secretary.

The Secretary of State brought an appeal against the judgment of First-tier Tribunal Judge Batiste who found the Claimant had rights under Article 8 of the European Convention on Human Rights and could not be removed from the United Kingdom.

Lawyers for the Secretary of State unsuccessfully argued that in view of recent case-law in the Supreme Court, the First-tier Tribunal Judge was wrong in law to grant the right to remain. Upper Tribunal Judge Chalkley found that Judge Batiste was entitled to grant the right to remain in the circumstances where he considered the appropriate issues.

Joe Middleton of top human rights set, Doughty Street Chambers, was Counsel for the Respondent in this appeal and was instructed by thegunnercookepartnership.

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