Case facts
The Home Office served the Appellant on the 14th of September 2014 a Deportation Order under Section 5(1) of the Immigration Act 1971 due to his criminal conviction. The Appellant was convicted of fraud and was sent to prison for 36 months.
The Appellant had lived in the UK at the time of the deportation order for more than 20 years, was legally married and had 2 children with his partner. The order was issued for the Appellant to be removed from the UK.
Outcome of the matter
The Appellant contacted ICS Legal for legal representation following the deportation order being served and the Appellant was granted a right to appeal against the decision. Following the lodging of the appeal, this was first scheduled on a case management review on the 26th Oct 2012 at the First Tier Tribunal in Taylor House.
The allegations raised by the Home Office in respect to the Appellant's criminality was serious, given that it was related to fraud and the matter was before First Tier Tribunal Judge on the 3rd of January 2013 at IAC Taylor House.
ICS Legal represented the Appellant, and served to all interesting parties our appeal bundle. In this submission, we put forward our legal grounds and evidences, to demonstrate that the Appellant had established a strong family & private life, as he had lived in the UK since June 1985. We presented the Tribunal with evidences of family life with his partner & their 2 children including the impact it would have to both the family & their children if he was removed from the UK.
As a deportation order is lifetime ban and can only be lifted through an application, it meant that the Appellant if removed would not be allowed to enter the UK or even submit an application. We presented the Tribunal Judge with evidences the impact it would have to the children and that the Tribunal Judge, should make this as a primary consideration.
At the date of the appeal hearing, the Home Office conceding on the appeal and withdraw from the appeal in light of the representation & evidences.
As a result of the withdrawal, the Appellant was granted leave to remain in the UK as his deportation order was "quashed".
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.