This appeal relates to an application lodged by ICS Legal on behalf of the appellant under the Adult Dependan Relative route - referred as ADR, which was then wrongly refused by the Home Office and the First Tier Tribunal agreed with ICS Legal in allowing the immigration appeal.
Full facts of the case and what we did is enclosed. Please note due to data protection, the appellant's name or any relevant details are not enclosed.
Summary case facts
The appellant was a young women who use to live with her grandmother and was living alone at the date of application. Her family are living in the UK and provides her with financial and emotional care.
We know that the adult dependant relative route application is one of the most high-risk applications and through our experience, we always ensure a good matter is lodged to the Home Office to avoid issues on the appeal, where new matters can arise on the appeal either being adjourned or dismissed.
The Home Office initial argument sat on the fact that she was not related to her sponsor's albeit documents were given to prove this. Home Office did not further accept she needed personal and emotional care. In refusing the application, Home Office did not accept that the appellant required the level of care and refused to consider the Article 8 ECHR claim.
Outcome on the First Tier Tribunal
The matter went before the First Tier Tribunal Immigration Judge and the Home Office appointed Counsel to represent their matter. Both the appellant's sponsors were present on the CVP hearing with Shajjad Miah of ICS Legal. The Judge was impressed on the appeal bundle and ASA submitted by ICS Legal.
In cross examination, the Immigration Judge was happy and impressed by the sponsor's evidence, however Counsel for the Home Office made strong submissions to have the appeal dismissed.
Shajjad Miah representing the appellant made legal submissions, cross referencing evidences we had put together and demonstrates that she needed both emotional and personal care. The Immigration Judge accepted that both the ADR and Article 8 ECHR requirements were met, however allowed the appeal on human rights grounds to avoid the Home Office challenging the decision. The appeal was allowed on the date of the hearing.
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.