The clients are Ukrainian nationals. They applied for a further leave to remain, based on their family and private life in the United Kingdom.
First-tier Tribunal judge has dismissed their previous appeals against the refusal. The Judge ruled that the qualifying child can return to Ukraine with her parents.
It was stated that the parents came to the UK to receive fertility treatments and conceive a child. Therefore, it was accepted that the immigration history of the parents should not be taken into account, when assessing the child’s best interests.
However, in the previous appeal hearing, the Judge ruled that the client’s previous immigration history is a relevant factor. Hence, he stated it was reasonable for the family to return back to Ukraine.
The clients have decided to launch another appeal against the decision to refuse Leave to Remain.
The main argument of this appeal was that the child was born and brought up in the UK. Thus, it was not in the qualifying child’s best interest to leave the UK.
The Judge in the previous hearing has not provided any powerful arguments and reasons when concluding their decision. However, as yet no application has been made by the qualifying child for British Citizenship, the judge ruled that if such application is received, the appeals can be reconsidered.
The Upper Tribunal has decided to set aside the decision of the First-tier Tribunal and remit the matter to the First-tier Tribunal.
The Family was granted Leave to Remain.
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