A family finally gained their leave to remain under private and family life grounds

It is distressing to any asylum seeker to receive a letter from the court declaring that you have exhausted your appeal rights. After gathering numerous documents, attending countless court hearings and paying costly legal fees, you are left with little possibility of getting your legal status in the UK. When a person exhausts his appeal rights, it usually means that the Home Office will view you as having no right to stay in the UK and will subsequently force you to leave the country.

Our clients entered the UK in 2001. In 2003, the family’s asylum claim was refused by the Home Office and they sent a letter stating that they do not have any basis to remain in the UK anymore. However, the Home Office failed to enforce the removal of the family for 17 years!

The Facts and Home Office Decision

Our clients applied for an asylum claim in 2003 and an EEA residence card in 2016. All of their application was refused with no right of appeal. In one last attempt to gain legal status in the UK, the family applied for leave to remain under the basis of private and family life under Article 8 ECHR in 2019. However, the Home Office refused their application on the grounds that they failed to engage Article 8 as they “would not face very significant obstacles to their integration into their home country”.

The Home Office submitted that:

  1. The father is a professional builder and used to work in a construction firm in their home country. The Home Office finds that it will not be difficult for him to find a job in back there given his previous experience.
  2. The mother is an economist in her country of origin. Home Office stated that she would be able to re-integrate in the society taking regard that she previously worked there as a bookkeeper and a shop manager.
  3. The son is suffering from chronic depression since 2014. Home Office insisted that medical assistance would be available to him anyways in the home country.

Sterling Law and the Court’s Decision

Our lawyers in Sterling Law argued that the family would be met with very significant obstacles to their integration into their home country under Article 8 ECHR.

Sterling Law submitted that:

  1. The father will not find any work as he is already 58 years old. Despite his skills, employers in his home country usually hire builders who are under forty.
  2. It will be difficult for the mother to find employment. Notwithstanding her economic background, she has not been able to keep up to date with the various social and economic changes that have taken place back home since her arrival in the UK in 2001.
  3. There is a risk that the son’s mental health can suffer more as the attitude to mental health in his home country and depression is different from that in the UK. His home country does not view depression as an illness, unlike in the UK, where support from doctors and medical professionals are available.
  4. Our clients have no family ties back home. The 17-year period the family spent in the UK forged new relationships in the UK and broken down all connections in their country of origin.

The First-Tier Tribunal rejected all of the Home Office’s submission. The court accepted that our clients would face significant difficulties, both social and economic, attempting to reintegrate into society.

We are very happy for our clients. Their immigration status in the UK has been precarious for 17 years, but Sterling Law made it possible for them to settle legally in the UK.

If you are trying to seek asylum or bring a human rights claim, Sterling Law is a Legal 500 firm, acknowledged by its expertise in dealing with complex Immigration and Human rights cases.

 

Oksana Demyanchuk

Email: oksana@sterling-law.co.uk

Tel. 020 7822 8535

 

Michael Carter

Email: michael@sterling-law.co.uk

Tel. 020 7822 8535

 

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