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Krasniqi v Secretary of State for the home department

An asylum adjudicator had been entitled to conclude that the facts placed an asylum-seeker’s case so clearly beyond the run of family separation cases as to make it exceptional. There was no deficiency of reasoning or of explanation in the adjudicator's decision and accordingly the Asylum and Immigration Tribunal had had no power to interfere on the basis of error of law.

14 April 2006

The appellant asylum-seeker (K), from Serbia and Montenegro of Albanian ethnicity, appealed against the decision that her removal from the United Kingdom would not be a disproportionate interference with her family life. At the age of 15 K had been bigamously married off by her father to an older man who was repeatedly violent to her. The family had been systematically harassed by the Serbian authorities. She had escaped to the UK where she formed a close relationship with another woman (L), an asylum seeker from Kosovo who had a child from a previous relationship. The two women lived together and were bringing up the child as a stable and committed family. The adjudicator found that K’s case was exceptional and that her removal would be a disproportionate interference with her right to family life under Art 8 of the European Convention on Human Rights 1950.

The Asylum and Immigration Tribunal allowed the secretary of state’s appeal on the grounds that the adjudicator had...

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