Case facts
The Appellant held leave to remain under the DL route and applied in time for an application for further leave to remain as a "parent". His application was completed through another law firm which the Appellant had instructed and this was refused on the 5th of September 2012.
Outcome of the matter
The Appellant contacted ICS Legal following the refusal and instructed us to complete the appeal before the First Tier Tribunal. We found that the application contained a number of key evidences missing and advised the Client to produce further evidences in order to meet the parent route under Appendix FM of the Immigration Rules HC395.
We prepared the Client's appeal bundle and this was served to all interesting parties prior to the scheduled appeal hearing.
On the 29th Oct 2012, the matter went before IAC Taylor House. The First Tier Tribunal Judge was presented with the case and we argued that the Appellant had now provided further evidences to demonstrate that he has access rights to his child, that he plays an important parental role towards the child's upbringing and that it would be unlawful to deny leave to remain. In addition to this, we explained the Appellant's length of residency in the UK, his settled private life as well as that of his family life & the principle of fairness must apply in this case.
We also put forward to the First Tier Tribunal Judge that the child's best interest must be considered and that the decision by the Home Office was unlawful in line with Article 8 ECHR.
Our submissions included starred case laws which included but not limited to ZH (Tanzania) [2011] UK SC4, E-A (Article 8 - best interests of child) Nigeria [2011] UKUT 00315 (IAC) and LD (Article 8 - best interests of child) Zimbabwe [2010] UKUT 278 (IAC).
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 remain.
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.