MaizieD
I suspect, SilverBrook that separating the family might trigger the 'right to a family life' clause.
Yes. That was what the original judge considered.
12. In [39] to [50], the judge decided that both “stay” and “go” scenarios would be unduly harsh for C. Accordingly, she allowed the appeal on human rights grounds (right to respect for family life). It is on this part of her decision only that the appeal before us turns.
But ...
a. there is no formal diagnosis of C’s educational needs; and
b. there is no professional assessment of whether those additional needs could be met in Albania, beyond the appellant’s (and A’s) assertion that they cannot.
The judge had not explained why she accepted the expertise of the report writer, a trainee educational psychologist, nor why she placed weight on claimed educational difficulties without any formal diagnosis of learning difficulties. It was not open to the judge to conclude that C would face ‘very great problems’ in Albania in the absence of any evidence of what services were available to him there.
In summary, it seems she just took everyone at their word.