Right to Family Life Appeal was allowed on the spot by Upper Tribunal

Outstanding and remarkable result for our leading immigration lawyer Oksana Demyanchuk and her team. An appeal was allowed on the spot at the Upper Tribunal. 

The client had first entered the UK in 2000 and had resided in the country ever since. While in the UK she entered into a relationship with a British citizen. The client then applied for leave to remain in the UK. She submitted the application on the basis of family and private life in the UK. In particular,  the client could not return to their home country. This is because upon return she would face very significant obstacle to her re-integration. 

Moreover, removal of the applicant would breach the couple’s Article 8 ECHR rights.

The family life of our client could not continue in her home country. 

Home Office refused the application and an appeal followed.

The First-tier Tribunal dismissed the appeal. The basis was the following. The Judge decided that  removal of the client would not constitute a breach of her Article 8 ECHR rights. This is  somewhat surprisingly given that the Judge found that her British partner would himself  “face very significant difficulties in Ukraine”. Moreover, he would be unlikely to overcome these difficulties. Oksana Demyanchuk evidenced this very clearly.

The grounds were then drafted for another appeal, this time to the Upper Tribunal. She asserted that the First-tier Judge had erred. The Judge confused the tests under Paragraph EX.1 of the Immigration Rules and Article 8. It was also stated the Judge failed to adequately consider the Article 8 rights of the British partner. 

Advanced permission to Appeal to the Upper Tribunal was granted. This is due to the strength of the grounds of appeal. At the Upper Tribunal the same grounds were advanced. Upon consideration the Upper Tribunal Judge allowed the appeal on the spot.

This is a remarkable result and was only possible due to the expertise and dedication of Oksana Demyanchuk and her team.  

 

Oksana Demyanchuk

Email: oksana@sterling-law.co.uk

Tel. 020 7822 8535

 

Michael Carter

Email: michael@sterling-law.co.uk

Tel. 020 7822 8535

 

Solomiya Boyar

E-mail: solomiya@sterling-law.co.uk

Tel. 020 7822 8535

 

 

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