The Appellant, a six-year-old child, applied for entry clearance as a child whose mother has sole responsibility and stays in the UK as a partner of a British citizen under Section EC-C of the appendix FM of the Immigration Rules . The child was consequently refused by the Entry Clearance Immigration Officer. The refusal was successfully challenged by Sterling and Law Associates LLP at the First-tier Tribunal in April 2018.
The reason for the refusal was based on relationship requirement, in particular, due to lack of evidence of sole responsibility. Other requirements were uncontested by the Entry Clearance Officer.
Our client appealed on the grounds that the decision is not in accordance with the Immigration Rules and is unlawful under section 6 of the Human Rights Act 1998 as being incompatible with the Convention rights.
The mother of the appellant submitted that she has sole practical responsibility for the child from the age of two and that the appellant has no contact with the biological father for more than two years. In addition, the appellant`s mother took all decisions about the child as no one has had any significant input in child`s life since then.
Following incorrect application of the test in the assessment of the sole responsibility by the Entry Clearance Officer in our client`s case the leading authority regarding the sole responsibility which has been applied in the court was TD (Paragraph 297(i)(e): “sole responsibility”) Yemen  UKAIT 00049 which establishes that “sole responsibility” is a factual matter to be decided upon all the evidence. Last but not least, the Entry Clearance Officer failed to exercise the statutory duty under s55 of BCIA, which considers the welfare of the child.
Following the above, the Immigration Judge found that the Appellant`s mother has sole responsibility for the child. The Judge also confirmed that the decision interferes the family life of the mother and the child and that Article 8 of ECHR is engaged.
The appeal was allowed under Article 8 of the ECHR on human rights grounds, and the determination of the First-tier Tribunal was promulgated on 18 April 2018. This successful appeal ensures that the child can enter the United Kingdom to join mother and stepfather.
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.