27th July 2016
Anthony Lenanton (acting under the Court of Appeal Pro Bono Scheme) represented a Zimbabwean national and her three daughters in a successful application to the Court of Appeal for permission to appeal.
The Appellant, who had acted previously without legal representation, is challenging the Upper Tribunal’s determination that she failed to meet the requirements for leave to remain in the UK as a Tier 1 (General) Migrant under the Points Based System.
The Appellant sought permission to appeal against the Upper Tribunal’s determination on a number of grounds, but was refused permission on the papers by Lord Justice Elias.
Anthony Lenanton represented the Appellant at the renewed oral permission hearing before Lady Justice Black. The sole ground of appeal pursued at the hearing was in relation to Article 8 of the European Convention on Human Rights. Black LJ granted permission to appeal to the Court on the basis that the Upper Tribunal (and also the First-tier Tribunal) had arguably failed to consider and determine the Appellant’s Article 8 claim. Black LJ recorded that the potential future significance of this failure for the Appellant and her family was a ‘compelling reason’ why permission to appeal should be granted.