Mendirez v The Secretary of State for the Home Department [2018] CSIH 65

The appellant is a national of Turkey. He came to the United Kingdom in 2007 on an “Ankara agreement” visa. In 2009 he met and formed a relationship with a lady who is a UK citizen. They are married and they have lived together in Scotland since 2009. The appellant applied for leave to remain in the United Kingdom as the spouse of his wife which was refused by the because she was satisfied that the sponsor did not meet the financial requirements of the Immigration Rules. The Court found that the First Tier Tribunal in considering the appeal against the Respondent’s decision and the Upper Tribunal were in error of law not having carried out the necessary exercise of fact finding and analysis in order to establish whether there were insurmountable obstacles to the appellant being returned to Turkey or any exceptional circumstances, and that it would be proportionate to order his return.

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