Interests of a child outweigh public interest of immigration control

Our client, a national of Kyrgyzstan, applied for leave to remain, however, her application was refused. Sterling Law successfully appealed this refusal outside the Immigration Rules on the Human Rights grounds. The main reason for refusal was our client’s poor immigration history. Our client, who had previously lived lawfully in the UK for several years (on a visitor visa, EEA residence card, etc.) found herself in a situation when she could not apply for the next visa under the European rules. She was heavily pregnant and vulnerable which resulted in her making a false asylum claim using a false identity card (which was refused and she became an overstayer).

However, our client established a strong private and family life in the UK. Our client’s mother is in the UK and has British nationality. She also has a UK born child who suffers from Autism who has been living in the UK for more than 10 years, speaks the English language only and requires special care.

Considering all the circumstances of the case, and applying relevant law (MA (Pakistan) & Others [2016] EWCA Civ 705; ZH (Tanzania) [2011] UKSC 4), the Judge found that:

Although very significant breaches of immigration laws are involved in this case, the interests of this child outweigh the public interest in the removal of his mother.

Thus, the Appeal was allowed and our client, not only obtained legal status in the UK but also got a chance to remain with her child and continue to provide him with necessary support and love.

 

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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