News

17Jun
2022

Immigration Law – First Tier Tribunal

LONDON – A First Tier Immigration Judge granted an appeal advanced by barrister Nicholas Sadeghi of Legis Chambers on an important human rights challenge to an immigration decision by the Home Office. Mr Sadeghi appealed a decision denying an Indian woman’s application to remain in the UK indefinitely. The woman, who testified before a first-tier immigration tribunal earlier this month about experiencing domestic abuse at the hands of her husband, relied in her appeal on a provision in Article 8 of the European Convention on Human Rights. Individuals raising an Article 8 claim on appeal must satisfy the court that they would endure significant reintegration obstacles. Mr Sadeghi argued, among other reasons, that the woman’s depression and experience as a survivor of domestic violence are exceptional circumstances. A Judge of the First-tier Tribunal cited these circumstances and ultimately found that the appellant would face severe obstacles to reintegration in India if ordered to return. Mr Sadeghi, who specialises in challenging immigration detention and has enjoyed numerous victories in contested immigration cases, welcomed the news from the court on 20 January 2022.