Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 

The Court of Appeal has allowed an appeal on the decisions made by both the First Tier and Upper Tribunals in respect to decisions made upholding the Secretary of State’s decision to refuse the applicant leave to remain.  

The applicant had appealed on, inter alia, the position that the Tribunals and the Secretary of State had unlawfully failed to fully consider the applicant’s right to family life under Article 8. At the Court of Appeal, the Secretary of State had argued that foster care relationships were of a different nature to birth family relationships, and therefore the appellant was required to ‘prove the existence of a family life in a way that a birth member of a “natural” family…would not’.  

The Court of Appeal found against this reasoning, with the Senior President stating that, ‘…I can see no basis in law for the purposes of Article 8 for a difference in principle between a relationship that is one that has arisen out of a foster care arrangement or from birth”. 

The full judgment can be found here. 

Commentary by Charlotte Gilmartin on UK Human Rights Blog can be found here