Since the amendment to statutory rights of appeal by the Immigration Act 2014, there is no longer a ground of appeal on the basis a decision is “not in accordance with the law”. Hassan Sarwar, considers the implications of the recent ruling in SF and Others (Guidance, post-2014 Act) Albvania [2017] UKUT 00120 (IAC) for it demonstrates how a de facto “not in accordance with the law” argument may be pursued and it demonstrates the importance of the Secretary of State’s guidance on Appendix FM as to when it would “not be reasonable to expect” a British Child to leave the UK.

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Hassan Sarwar