- Followed — Shahanas Kanhirakandan v The Secretary of State for the Home Department 2023-11-06
“…t the First-tier Tribunal 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 [Educatio…”
- Cited — The Secretary of State for the Home Department v Halima Akter & Ors. 2022-05-27
“…Qadir v SSHD (ETS – Evidence – 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.…”
- Cited — The Secretary of State for the Home Department v Krupaliben Sanikumar Patel 2022-01-21
“… in relation to the alleged deception, the husband’s appeal had been dismissed. There may well have been good grounds for the husband to appeal. In Ahsan v SSHD[2017] EWCA Civ 2009 (to which I shall return) it was suggested that, where it has not been established that the deception relied on in fact occurred, the person concerned should b…”
- Cited — Mozumder, R (On the Application Of) v Secretary of State for the Home Department 2021-02-05
“…to remain in the UK. I gratefully adopt the description of the background in the judgment of Underhill LJ in Ahsan v Secretary of State for the Home Department [2017] EWCA Civ 2009:…”
- Cited — Baldha & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2020-11-10
“…C 42; [2017] 1 WLR 2380 (especially at [60][78] per Lord Wilson JSC giving the judgment of the court) and R (Ahsan) vSecretary of State for the Home Department [2017] EWCA Civ 2009; [2018] HRLR…”
- Cited — FB (Afghanistan) & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2020-10-21
“…pecially at [60]-[78] 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 individu…”
- Cited — JH (Palestinian Territories) v Upper Tribunal of the Immigration And Asylum Chamber & Anor 2020-07-17
“…Rahmanfollowed this Court’s decision in Ahsan and Others v SSHD [2017] EWCA Civ 2009, which was concerned with allegations of cheating in an English language proficiency test that had resulted in the SSHD cancelling, or refusing, leave to remai…”
- Cited — Balajigari v The Secretary of State for the Home Department 2019-04-16
“…uence, which is the relevant interference, becoming liable to removal. The situation is analogous to that in Ahsan v Secretary of State for the Home Department [2017] EWCA Civ 2009, where the claimants’ article 8 rights were in practice dependent on whether they had cheated…”
- Cited — Ullah v The Secretary of State for the Home Department 2019-04-03
“…refore, to enter into the further argument sought to be advanced by Ms Naik, based upon the very different factual and procedural circumstances of Ahsan v SSHD [2017] EWCA Civ 2009. That case concerned the adequacy of an “out-of-country” appeal in a case where oral evidence of an appellant was important. It was necessary to satisfy common…”
- Cited — Shrestha & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2018-12-14
“…ny particular form for new grounds for leave to remain to be advanced. Further, it is said that this court in Ahsan v Secretary of Statefor the Home Department [2017] EWCA Civ 2009 confirmed that to be the case.…”
- Cited — Khan & Ors v Secretary of State for the Home Department 2018-07-17
“…The legal background includes the recent decision of this Court in Ahsan v Secretary of State for the Home Department [2017] EWCA Civ 2009; [2018] INLR 207. However, there is one potentially significant legal difference between these cases and that of Ahsan. This arises from the legislative change…”
- Cited — Rahman, R (on the application of) v The Secretary of State for the Home Department 2018-07-06
“…In a substantial judgment (Ahsan and Others v Secretary of State for the Home Department [2017] EWCA Civ 2009 (“Ahsan”)), this court (Underhill, Floyd and Irwin LJJ) held that, in a case in which a decision to remove an individual had been made on the basis that he had…”
- Cited — Talpada, R (On the Application Of) v The Secretary of State for the Home Department 2018-04-24
“…[2017] EWCA Civ 2009 (e.g. in the account of some of the TOEIC cases at para. 31 of my judgment).…”