Case facts
The Sponsor applied for his elderly mother to join him in the UK under the Adult Dependant Relative route on 15th January 2019, however the application was refused on the 26th of February 2019 with full rights of appeal. The Sponsor had then appealed in time following the refusal and then took advice from ICS Legal.
The application was refused on the grounds that there were not sufficient evidences presented at the date of application and specified evidences from the Immigration Rules were missing.
Outcome of the matter
The Sponsor contacted ICS Legal following the appeal was lodged by the Sponsor on behalf of the Appellant. We assessed the appeal grounds, and advised that the appeal grounds was required amended. This was lodged with the permission of the First Tier Tribunal. It was important we served that amended notice, as the Sponsor did not raise the correct appeal grounds which was required to be in challenge and part of the legal process, the Entry Clearance Manager is required to consider as part of the appeal process.
As part of the appeal process, directions were served by the Tribunal, for both the Appellant & the Home Office to serve appeal bundles prior to the appeal hearing which was scheduled on the 10th of October 2019. We advised both the Appellant and Sponsor following a detailed assessment, a list of specified evidences to support the appeal bundle and drafted a number of statements including skeleton argument, which was submitted to the First Tier Tribunal. Once the extensive appeal bundle was prepared, this was served to all interesting parties prior to the scheduled appeal hearing.
The matter went before First Tier Immigration Judge Mill at IAC Hatton Cross on the 10th of October 2019. We presented the Immigration Judge with evidences to support the claim that the refusal was unlawful and that the decision reached by the Home Office was not in line with the Immigration Rules. As part of our submission, we challenged the Home Office on their decision, arguing that it was wrong to refuse the adult dependent visa application.
Our submissions included starred case laws which included but not limited to the case of procedural fairness were distilled by the President of the Immigration and Asylum Chamber in MM (unfairness; E&R) Sudan [2014] UKUT 105 (IAC) (from the decision of the Court of Appeal in R v Chief Constable of Thames Valley Police ex p Cotton [1990] IRLR).
The First Tier Tribunal Judge agreed that the Appellant had met the threshold and the appeal was allowed. The decision was not challenged by the Home Office and the Appellant was granted leave to enter as an Adult Dependant Relative.
End.
Immigration Deportation Order, First Tier Tribunal determination dated 14th January 2013
Appendix FM, family life as a Parent, First Tier Tribunal determination dated 5th Nov 2012
Adult Dependant Relative, Appendix FM Immigration Rules, First Tier Tribunal determination dated 11th Oct 2019
Adult Dependant Relative on Human Rights Grounds, First Tier Tribunal determination dated 11th Sep 2019
Private Life on Human Rights Grounds, First Tier Tribunal determination dated 20th Aug 2019
Appendix FM, family life as a Partner, First Tier Tribunal determination dated 22nd July 2019
Appendix FM, family life as a Partner, Appeal withdrawn prior First Tier appeal hearing 9th May 2019
EEA Family Permit, family life as a Partner, First Tier Tribunal determination dated 15th Dec 2019
EEA Family Permit, Derivative Rights as a Parent, First Tier Tribunal determination dated 31st January 2020
Indefinite Leave to Remain Appendix FM | Continuous Residence
UK Ancestry Visa | Continuous Residence | Break of Residency
Family Visit Visa Refusal | Family Life with British Citizen | Genuine Visitor | False Representation
An appeal related to a human rights application, refused on the grounds that the appellant did not meet the exceptional circumstances and then challenged whereby the appeal was then allowed.
An application as a carer in line with a person's private life & exceptional circumstances.
Adult Dependant Relative - ADR Immigration Appeal is a successful challenge on the decision made by the Home Office. The First Tier Tribunal allowed the appeal.
EU Settlement Scheme - Pre-Settled Status Immigration Appeal where the Home Office was wrong to refuse the application and appeal allowed by First Tier Tribunal Judge
In-country Adult Dependant Relative & Human Rights Claim decision was made by Mr T J Cary Judge of the FtT where the matter went at Taylor House Immigration Tribunal.
Spouse Visa Appeal & Human Rights, where the sponsor could not meet the financial requirements but in the appeal matter, the Judge accepted that the decision should be in favour of the appellant.
EU Settlement Scheme Appeal - EUSS refusal as a spouse of an EEA Citizen, which also considers the specified date of marriage and relationship.
EU Settlement Scheme, Unmarried Partner & Covid where the matter went before the First Tier Tribunal.
Adult Children, Article 8 ECHR [Family & Private Life], an appeal went before the First Tier Tribunal. The appeal was allowed under human rights grounds.
Spouse Visa Appeal, Appendix FM & Article 8 ECHR where the matter related to immigration status, covid and also right to family life.