Case facts
The Appellant applied to join her husband in the UK and prior engaging with ICS Legal, had applied for the EEA Family Permit three times, all three refused, with various grounds and appeal rights exhausted.
The decision letters raised a number of issues, related to the relationship, the intention to live together and the Sponsor's ability to support his wife in the UK. The marriage of convenience was raised and there was strong evidences to suggest that the information were not consistent.
Outcome of the matter
The Sponsor contacted ICS Legal, following the appeal rights exhausted and we analysed the grounds of refusal, the application & evidences. Following this, we lodged a new application with new evidences and information, as well as drafting detailed grounds of representation.
The application unfortunately was refused on the 28th February 2019. The decision was based on an unannounced interview that took place between the Home Office & the Appellant/Sponsor. The issue of marriage of convenience was raised and the Home Office refused the application.
We assessed the findings and found that given there was no material evidences issues as with the last applications or the information provided at the date of application was correct, the appeal process was advised.
The appeal with full detailed grounds and evidences were lodged. 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 6th of December 2019. 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.
On the 6th of December 2019, the matter went before IAC Taylor House. The First Tier Tribunal Judge Peer was presented with the case and we argued that the Appellant & Sponsor are in a genuine and subsisting relationship. We drew the Judge to the issues on the interview and provided the Judge with matters that was not really relevant, that had been drawn by the Home Office. The only argument the Home Office Counsel raised was the issue of the interview notes, as the appeal bundle & the application contained material evidences to support the relationship.
Right to family life Article 8 ECHR could not be raised but we demonstrated the mental impact as well as the impact to their family life should be considered in light of the EEA Regulations 2016.
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.