A child diagnosed with autism was granted permission to stay in the UK after initial refusal by the Home Office.
Oksana Demyanchuk, Immigration Lawyer at Sterling Law, and her team appealed to the Immigration Tribunal a refusal of the Home Office in order to protect rights of the child. Parents of the child, both Ukrainian nationals, were also initially refused to stay in the UK.
Their son was born in the United Kingdom and was diagnosed as autistic. The boy, aged 7, has never been to Ukraine and communicates in English with very limited understanding of the Ukrainian language. Moreover, the child requires special care, support and has additional educational needs. These would not be adequately met in Ukraine.
These obstacles were initially ignored by the Home Office which served as the basis for the refusal.
It was also claimed by the Home Office that parents failed to provide sufficient evidence that child’s safety and welfare might be compromised if the family returns to Ukraine.
After seeking advice from Sterling Law the family was able to collect more evidence related to the case.
Appellants provided NHS records containing evidence of communication difficulties. They stated that the child would benefit from future advice and consultations. Additionally, the parents enclosed the letter from child protection and family services officer from the child’s school.
The letter acknowledged that the diagnosis would affect every aspect of learning and life. It will also impact the boy’s mental health and well-being if he returns to the country of origin of his parents. It was also proved that in this case the child will not have access to the same level of language and speech support.
The judge acknowledged the difficulties the boy would encounter upon return to Ukraine, such as cultural and language adaptation challenges. It was ruled, that it is in the best interest of the child to stay in the UK together with his parents. The family therefore was granted leave to remain.
The appeal was allowed under the Immigration Rules and on human rights grounds.
It was also stated that the previous decision to refuse permit contradicted the Home Office’s own policies.
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