Case facts
The Appellant applied to join her husband in the UK, referred as the Sponsor to the Appendix FM, Partner application. The application for leave to enter as a partner was refused on 9th August 2018, following the application being lodged on the 3rd of May 2018.
The application was refused based on the relationship requirements and the Entry Clearance Officer did not accept the relationship including the intention to live together permanently in the UK.
The Sponsor contacted ICS Legal following the appeal hearing being scheduled. He had lodged the appeal grounds and required ICS Legal to prepare the appeal bundle & represent the Sponsor & the Appellant at the hearing scheduled for 21st June 2019 at IAC Taylor House.
Outcome of the matter
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 21st June 2019. We had just over 3 weeks to prepare for the appeal hearing.
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 by ICS Legal, this was served to all interesting parties prior to the scheduled appeal hearing.
At the date of the appeal hearing, the matter went before First Tier Immigration Judge at IAC Taylor House on the 21st June 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.
The Immigration Judge did cross examine the Sponsor, finding him credible in their statements. The evidences presented to the Judge demonstrated that the relationship was genuine and subsisting. We put forward starred case laws, to demonstrate that both the Appellant and the Sponsor met the threshold as required by the Immigration Rules and the grounds raised by both the ECO & ECM was simply wrong.
In evidence, we presented numerous documents including but not limited to third party statements, showing a background to both the Appellant & Sponsor's family life. The Judge agreed with our submissions and found that the Home Office refusal grounds was not justified. A decision was served on the 22nd July 2019, which was just over 3 weeks following the hearing.
Whilst we do not wish to add our Client's feedback, we welcomed their feedback, as we continue to use our experience and knowledge in this field:
"Good day to you.
I am not sure if you have received any update from the Appeal Tribunal regarding my wife's appeal. My wife received today through her email the Appeal decision from the First-tier tribunal judge.
I am pleased to tell you with great joy that the appeal went in our favour, that the judge has allowed my wife's appeal. My wife and I would like to say BIG thank you, to you and your entire team for the great and excellent job, you and your team did to prepare my wife's case for the appeal. You are the best in what you do and we cannot thank you enough.
Also, we would like you to extend our sincere gratitude to Barrister Maqsood for the great job he did in presenting my wife's case wonderfully before the First-tier Tribunal judge and being supportive. It is our prayer that the grace of God continues to be upon him and his family.
Once again, thank you so much to you and your entire team for the successful work you have done. We are endlessly thankful. "
The decision was not challenged by the Home Office and the Appellant was granted leave to enter as a partner under Appendix FM Immigration Rules.
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.