Day: July 12, 2019

GRANDMOTHER CAN STAY IN THE UK WITH GRANDCHILD SUFFERING FROM AUTISM

Our client, a Ukrainian national, came to the UK many years ago on a visit visa and has stayed here since then. She lives with her daughter and her granddaughter who has been diagnosed with severe autism. Due to the child’s particular needs, our client provides round the clock care to her granddaughter for many years. She applied for leave to remain under Article 8 ECHR but the application was refused.

The Home Office stated that our client does not meet the Rules and the daughter could be helped by local authority care.

 

Sterling Law successfully appealed this refusal outside the Immigration Rules on the Human Rights grounds.

The judge adopted the entire skeleton argument from our lawyers as his own findings and accepted that:

  • The granddaughter has formed the closest bond with her grandmother;
  • The child has a very complex set of very special needs;
  • The grandmother fulfils a parental role in upbringing her granddaughter;
  • The Social Worker cannot find any replacement for Granny;
  • It would be extremely cruel to take the central figure away from the child and the removal would be disproportionate in terms of both private and family life.

Thus, the Judge allowed the appeal on the Human Rights grounds. Our client not only obtained legal status in the UK but also got a chance to remain with her granddaughter and continue to provide her with necessary support and love.

 

Contact us should you have any immigration related question:

+44 (0) 207 822 8535

contact@sterling-law.co.uk

EXCELLENT NEWS: ASYLUM GRANTED!

Our client, a Georgian national, came to the UK to seek asylum.  After a fire incident on his family’s business property, our client was targeted by Georgian authorities to stop investigating the fire and subsequent suicide of one of his family members. Fearing for his life in Georgia, our client entered the UK and made a claim for asylum. However, his application was refused. He lodged an appeal with the previous legal representatives to obtain refugee status in the UK.

A refugee is any person who, inter alia, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion,
• is outside of the country of his nationality and
• is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.

 

This asylum appeal was very complex, and previous representatives withdrew from the case, leaving the client without legal protection. At this stage, Sterling Law was instructed by the client. The case received from previous solicitors was underprepared and underrepresented. Thanks to our lawyer Nozima Rakhimjonova, the appeal was allowed on asylum grounds and Articles 2 (right to life) and 3 (prohibition of torture) ECHR. Considering the appeal, the Judge accepted that our client:

  • was targeted by the Georgian authorities suffering injuries as a result of it;
  • is at risk on return to Georgia due to lack of effective investigation and legal redress there.

Thus, our client can remain in the UK without fearing for his life.

 

Asylum appeals of this nature can be very complex and the success can depend on the quality of representations. Therefore, we would strongly advise that any asylum seekers in the UK seek professional legal advice.

Contact us:

+44 (0) 207 822 8535

contact@sterling-law.co.uk