IN Upper Tribunal  (Immigration and Asylum Chamber) Between

Mrs Khairunnisa Rashidahmed Shaikh and Secretary of State for the Home Department (Appeal Number: IA/13373/2015)

(Unreported)

https://tribunalsdecisions.service.gov.uk/utiac/ia-13373-2015

For the Appellant:    Mr G. Brown, Counsel instructed by Parkview Solicitors

Summary: The matter in issue was whether the evidence established that the Appellant had shown that there were “very significant obstacles to her integration” in India. The primary criticism made of the reasoning of the First Tier Tribunal was that the Tribunal set the bar too high in its interpretation of that term, and consequently that its conclusions were perverse.  It was further contended that the Tribunal’s intense focus on the Appellant’s physical needs obscured what was in fact the central plank of her case: her emotional dependency upon her family, in particular her daughter, and the social isolation that she would experience upon return, alone, to India. It was held that there was little authority that shed light on how the current version of 276ADE(1)(vi) should be interpreted. In Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 00060 (IAC) the Tribunal gave guidance on the original incarnation of the provision but there has been limited judicial comment on the Rule since the test was changed from one of “no ties”.