The Appellants include the father, mother and child, who are Philippine nationals, and were refused leave to remain in the UK. The appeal determination is simple, having been made in accordance with Paragraph 276ADE(iv) of the Immigration Rules and Article 8 of the ECHR, the only question that needed to be answered is whether it would be unreasonable to expect the child to return to the Philippines.
When answering the question at hand, it was stated by the Judge that “the Respondent does not identify a particularly clear or strong reason on which to refuse.”
The father entered the UK in November 2007, with the mother and child following in April 2009 as dependants, therefore the appellants had lawful residence for the entire period that they were in the UK.
Unreasonable for the Child to Leave
Moreover, the child entered the UK when she was six years old, having spent nearly nine years here, which is more than half her life. As the child spent her formative years here and having followed Azimi-Moayed  UKUT 00197, when considering reasonableness, the residence of a child over the age of seven is likely to be more significant to a child than the first seven years of life. This places further emphasis on MA Pakistan  EWCA Civ 705 that when a child has been in the UK for seven years or more, significant weight needs to be given on those years, there has to be powerful reasons to refuse leave one that has been established.
Finally, as the parents have proved that they have a genuine and subsisting parental relationship with a qualifying child and public interest does not require their removal, the parents are also granted leave to remain on the basis of their child.
The appeal was allowed under Article 8 of the human rights grounds, and the determination of the First-tier Tribunal was promulgated on 30 January 2018. This successful appeal ensures that the child can continue to strive in her education in UK accompanied by her parents.
Refusals & Appeals: Immigration Assistance
The appeal was straightforward, with little opposition and clear facts, the family were granted their leave to remain in the UK. The Home Office may make mistakes in their decision-making, so it can be worth bringing your refusal to court to overturn any errors they may make.
Therefore, for expert advice and assistance in relation to your particular case, refusals and relevant immigration law requirements, please contact our immigration lawyers on Tel. +44(0)20 7822 8535 or by e-mail: firstname.lastname@example.org or via our online appointment booking form.