Home / Cases / R (NC) v Secretary of State for the Home Department [2023] EWCA Civ 1379

R (NC) v Secretary of State for the Home Department [2023] EWCA Civ 1379


[2023] EWCA Civ 1379

Sian Reeves represented the Secretary of State for the Home Department in an immigration statutory appeal before the Court of Appeal (Newey LJ, Snowden LJ and Whipple LJ). 

The appeal concerned a narrow issue about the application of the “very significant obstacles” to integration test in paragraph 276ADE(1)(vi) of the Immigration Rules.

The appellant appealed against the determination of the Upper Tribunal (“UT”) which set aside the decision of the First-tier Tribunal (“FTT”) on grounds that the FTT had erred in law in concluding that there would be very significant obstacles to the appellant’s integration if she returned to her home country of St Kitts and Nevis and in allowing the appellant’s appeal on that basis. 

The Court of Appeal held that the UT was correct to conclude that the FTT was in error in its treatment of the paragraph 276ADE(1)(vi) question and was in consequence correct to set aside that part of the FTT’s determination.  Consequently, the appellant’s appeal was dismissed.

Although the appeal was a narrow one relating to the adequacy of the FTT’s analysis and reasoning, the Court of Appeal did provide a helpful review (at paragraphs 20-26) of the relevant legal principles in respect of the correct approach to the test in paragraph 276ADE(1)(vi).  

A copy of the judgment can be found here.    

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