Scottish Human Rights Law Group

X, a Nigerian national, applied for leave to remain in the UK on human rights grounds.  The secretary of state refused and X appealed to the Asylum and Immigration Tribunal (AIT).

X and his father had entered the UK as visitors in 1997.  X continue to reside in the UK illegally after this leave expired.  In 2005, after the death of his father, X sought indefinite leave to remain as the dependant of his mother, who lived in the UK.  This was refused and X appealed on the basis that his article 8 right to family life would be detrimentally effected by his removal.  His appeal contended that he lived with his mother and younger brother and that he had an emotional connection with them which constituted family life.  The AIT, however, held that there was no family life which was beyond the norm or exceptional, and therefore, refused his appeal.  This refusal was upheld by the court, which was bound by the decision of the Court of Appeal in Kugathas v Secretary of State for the Home Department [2003] EWCA Civ 31.  This determined that the test to be applied in such cases, of whether the behaviour in question was exceptional or beyond the norm so as to constitute family life, was correctly applied by the AIT.