This appeal relates to an application lodged by ICS Legal on behalf of the appellant under the Appendix FM spouse/partner visa route, which was then wrongly refused by the Home Office and the First Tier Tribunal agreed with ICS Legal in allowing the immigration appeal.
Full facts of the case and what we did are set out as follows. Please note due to data protection, the appellant's name or any relevant details are not enclosed.
Summary case facts
The appellant lodged an immigration spouse visa application which was refused because the financial test was not met by the sponsor in the UK. The application for the spouse visa was refused in 2021, and a right to appeal was generated.
The Home Office did not accept the evidences and information from the appellant of his income abroad. The sponsor was employed in the UK but due to their British child, she was not able to meet the threshold alone.
The appeal matter
The spouse visa appeal went before the First Tier Tribunal at IAC Hatton Cross, and the Honourable FtT Judge Ian Howard presided over the matter. The Tribunal did not permit the appellant to speak as he was outside of the UK and whilst every effort was made to get confirmation from the Foreign Office for the UK, this was not granted.
The Judge made the following statement in relation to this "It was at this stage I learnt that the appellant’s representative had on a number of occasions petitioned the Foreign and Commonwealth Office for assistance in securing permission for the appellant to give evidence in accordance with the Presidential Guidance. Sadly these requests had simply not been responded to by the date of the hearing."
Home Office was represented on the day, and ICS Legal represented the appellant and the sponsor. During the appellant's statement of evidence and cross examination, the Home Office have put forward questions related to her husband's income and businesses. It was not practical or acceptable that the sponsor could answer those questions.
ICS Legal made a request for adjournment to avoid the appeal being dismissed because Home Office wanted to make the appellant's income as a finding and have the appeal being dismissed by the Judge. Home Office did not accept the adjournment and claimed that whilst the Foreign Office failed in its obligation, the matter should proceed. The Judge after deliberation agreed for the adjounrment and put forward directions to both parties.
Following the adjournment of the appeal hearing, the Foreign Office did not allow the appellant permission but we drafted a further detailed witness statement in any event. This was adopted and admitted as evidence, related to the appellant's income.
The Home Office in their application decision failed to accept third party income, and failed to consider that evidence. Honourable FtT Judge Ian Howard accepted the third party evidence and discussed about her income & funds available for the family. The application for the appellant's spouse visa contained material evidences related to his income and business, which the Home Office did not consider. The Judge made reference to this as follows:
"The fact of the assets and income was made known to the respondent at the time of the application. A covering letter dated the 28th May 2021 and supporting documents was included with the application and can be found in the respondent’s bundle. It was never suggested that any of these documents is unreliable. In his witness statement the appellant attests to their veracity. The appellant had hoped to be able to give evidence about these documents at the hearing, but for reasons which exclusively lay at the door of the Foreign and Commonwealth Office, he was unable to do so."
In hearing our submissions, evidences and statements, Judge agreed that it was not acceptable and that he should be granted leave as a spouse. The appeal was allowed. Home Office agreed not to challenge the decision and granted the visa.
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.