Stephen Winter recently acted on behalf of the successful petitioner in the case of Aziz Hussini v Secretary of State for the Home Department [2017] CSOH 80.

The petitioner applied for leave to remain to stay in the UK on the basis of his relationship with his partner. The Home Office refused the application and prohibited the petitioner from appealing to the First Tier Tribunal as the Home Office were of the view that the case was clearly unfounded. Although they were not cohabiting the Lord Ordinary found that they had the intention to do so and there was more than a fanciful prospect that an Immigration Judge would find that family life was thus established between them.

The Lord Ordinary also found that there was more than a fanciful prospect that an Immigration Judge would find that it would be disproportionate to expect the petitioner's partner to go and live in Afghanistan or for the petitioner to return to apply for entry clearance.

The result is that the petitioner should be given an in-country right of appeal to the First Tier Tribunal.