Case facts
The Appellant & her son applied to join her 2 daughters, who were EEA nationals in the UK and exercising their treaty rights. The application was complex and came with previous refusals.
Previous decisions meant that the new application had to be completed with careful checks and ensure we did not damage the credibility of the Appellant and her son.
Outcome of the matter
The new application under derivative rights of residency was lodged however the application was refused on the 1st of April 2019. The refusal contained a number of legal errors, as the application was considered under Regulation 7 and not under Regulation 16 of the EEA Reg 2016.
The appeal was lodged and we provided detailed grounds for the ECM to review the decision. The Home Office ignored our request, so this was a point we raised at the First Tier Tribunal. This was set out in Regulation 36 of the EEA Regulation 2016.
We needed to make sure that the Home Office were well aware of the issues we wish to raise, so that, if the matter was listed at the First Tier Tribunal, the Home Office was not able to raise issues and asking for further adjournments to the appeal hearing. The ECM reviewed the decision however did not overturn the decision.
The First Tier Tribunal set an appeal hearing date on the 20th January 2020. We prepared the Client's appeal bundle, which included detailed witness statements and skeleton arguments, drawing in starred case laws, and this was served to all interesting parties prior to the scheduled appeal hearing. The Sponsor's were concerned that their mother, the Appellant, could not come and join them in the UK.
On the 20th January 2020, the matter went before IAC Hatton Cross. The First Tier Tribunal Judge Ruddick, was presented with the case and we argued that the Appellant maintained the parental rights of the 2 Sponsor's in the UK and that failure to grant leave to enter to the Appellant, will ask the Sponsor to leave the UK & not be able to exercise their treaty rights, as they were in full time education.
There were 4 witnesses at the tribunal hearing, all submitted their witness statements, and adopted those statements at the hearing.
We raised a number of strong grounds, and it important to note that when EU rights are engaged, so too is the Charter of Fundamental Rights, including the right to respect for family life (Article 7 of the Charter) and the obligation to take into account the best interests of the child (Article 24(2) of the charter.
The Judge agreed we demonstrated that the Sponsor's held comprehensive sickness insurance and also were self-sufficient, meeting Regulation 6 of the EEA Reg 2016. The Home Office did not challenge the evidences and grounds we raised.
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 an EEA family permit.
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.