Appeal allowed for Further Leave to Remain based on a qualifying child

Oksana Demyanchuk, Michael Carter 21.04.2022

 

Oksana Demyanchuk, Immigration Lawyer at Sterling Law, and her team appealed to the First-tier Tribunal against a refusal of the Home Office in order to protect rights of a qualifying child.

The clients are Ukrainian nationals, who applied for a further leave to remain, based on their family and private life in the United Kingdom. First-tier Tribunal judge has dismissed their previous appeals against the refusal, based on the thought that their qualifying child can return to Ukraine with her parents. It was stated by the judge that the parents of the qualifying child came to the UK with the intention to receive fertility treatments and conceive a child. It was accepted that the immigration history of the parents should not be taken into account, when assessing the child’s best interests. However, in the previous appeal hearing, the judge ruled that the client’s previous immigration history is a relevant factor, making it not unreasonable for the family together with qualifying child to return back to Ukraine.

Due to another negative response, the clients have decided to launch another appeal against the decision. The main argument of this appeal was that the child was born and brought up in the UK and it was not in the qualifying child’s best interest to leave the UK. The judge in the previous hearing has not provided any powerful arguments and reasons when concluding their decision. However, as yet no application has been made by the qualifying child for British Citizenship, the judge ruled that if such application is received, the appeals can be reconsidered.

The Upper Tribunal has decided to set aside the decision of the First-tier Tribunal and remit the matter to the First-tier Tribunal.

 

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