A Ukrainian national, who was refused asylum, had his appeal allowed under Article 8, which protects the right to a private and family life. The appellant first came to the UK with false identification for the sole purpose to work illegally. The Judge questioned the credibility of the appellant and the documents put forward as evidence. However, this did not prevent the judge from making positive findings on the merits of the appellant’s family life case. His son was in the process of being diagnosed with autism by the NHS and it was held in the best interests of the child for the diagnostic process to continue.
Sterling Law’s analytical lawyers focused on the merits of our client’s case. It was ensured that the severe difficulties in development faced by the appellant’s son were highlighted in the argument. The lawyers made it a point to explain that it was important that parents attend the sessions required in the diagnostic process, otherwise the child would be discharged from the service. Therefore, it was prudent that the appellant was in the UK to support his child’s diagnosis. Our lawyers conducted extensive research on the position of autistic individuals in Ukraine and found that this condition is misunderstood within the Ukraine culture. Evidence of this was put forward to the Judge and it was concluded the removal of the appellant and his family would disrupt the diagnostic process that is currently undergoing by the NHS in the UK.
Although the credibility of the appellant was initially questioned, the Judge adopted a child-focused approach. The Judge was satisfied that the child’s condition on this occasion amounts to an ‘exceptional circumstance’. The best interests of the child were the sole consideration in allowing the appeal.