Oksana Demyanchuk and the team were recently successful in a long residence appeal case in the Upper Tribunal.
The client had applied for Indefinite Leave to Remain on the basis of Long Residence. The application was subsequently refused by the Home Office due to excessive absences. An appeal was lodged against the decision by Sterling Law.
The Judge of the First-tier Tribunal noted that an abundance of evidence had been provided by the Appellant in support of his appeal.
Long Residence & Absences
Based on the evidence submitted in support of the appeal, it was accepted by the Judge that, while the Appellant had in fact exceeded the permissible number of days absent, there was a reasonable explanation for many of the absences and, as such, the Home Office was wrong not to exercise discretion in favour of the Appellant. The Judge found that
the Respondent’s decision fails to provide any insight whatsoever as to what factors, if any, the Respondent took into account in concluding that there were no “compelling or compassionate circumstance” arising in this case to warrant the exercise of her discretion in relation to the assessment under para 276B or 276 (1) ADE
The Judge then went on to assess Article 8 ECHR and allowed the appeal, being satisfied by the evidence provided, that the Appellant had built an extensive family and private life in his time in the UK and that it would be disproportionate to remove the Appellant from the UK. Accordingly, the Judge of the First-tier Tribunal allowed the appeal on human rights grounds.
The Home Office then sought permission to appeal to the Upper Tribunal against the decision of the First-tier Tribunal and was granted permission on the basis that it was arguable that the Judge’s assessment proportionality in respect of Article 8 was flawed.
The Upper Tribunal went on find that the First-tier Judge has directed herself appropriately and made appropriate findings. The Tribunal found that there had been no material error of law made by the First-tier Judge and that, therefore, the decision allowing the Appellant’s appeal based on Article 8 should stand.
Should you have any further questions, or think any of the above may apply to your matter, please do not hesitate to contact us directly:
Tel. 020 7822 8535
Tel. 020 7822 8535
For expert advice and assistance in relation to your particular immigration case, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: +447463382838, or via our online appointment booking form.