“…nal had erred in law in failing to follow the guidance given by the Court of Appeal in Ahsan v Secretary of State for the Home Department [2017] EWCA Civ 2009, [2018] HRLR 5 to the effect (as the argument was summarised by Judge Mandalia in the Upper Tribunal) that “where a finding was made by the FtT in an [Educational Testing Ser…”
“…vidence – Burden of Proof) [2016] UKUT 00229. Consequently, the SSHD conceded that, per Ahsan v Secretary of State for the Home Department [2017] EWCA Civ 2009 [2018] HRLR 5, HA’s removal from the UK would be incompatible with Article 8. HA’s appeal was therefore allowed in a decision promulgated on 27 April 2020.…”
“…per Lord Wilson JSC giving the judgment of the court) and subsequent cases such as R (Ahsan) v Secretary of State for the Home Department [2017] EWCA Civ 2009; [2018] HRLR 5. For example, once removed, an irregular migrant may be “lost”; and continued, effective legal representation may be difficult, and the individual may lose the…”