A Y & J Solicitors Assists a Family To Successfully Appeal A Human Rights Claim Refusal for Leave to Remain
Mr F sought advice and representation from A Y & J Solicitors following multiple refusals of Human Rights applications. He, his wife and their three UK born children had moved to the UK for the purposes of employment as a holder of a Tier 2 (General) Migrant, but due to a downturn in the industry within which he worked, his job was made redundant.
He applied for leave to remain on human rights grounds, but was refused, meaning he no longer had permission to work in the UK or seek sponsorship for employment. As a result, himself and his family were in dire financial straits, relying on friends for support.
A Y & J Solicitors were his last hope.
How A Y & J Solicitors helped Mr F Successfully Submit a New Human Rights Claim, Which was Previously Certified
A new application and new evidence were needed
A Y & J Solicitors first advised Mr F that a fresh application based on Article 8 of the European Convention of Human Rights, should be submitted. The challenge was to find new evidence that could support a fresh claim, without which the application would likely be refused again, with no right of appeal.
Detailed instructions were taken, and Mr F was advised that expert evidence about his children, their welfare and medical needs would be required. At this point, their eldest daughter was six years old and had been diagnosed at birth with a severe skin condition and multiple food allergies, some of which were life-threatening. They feared for their daughter’s welfare as in their home country where there is a considerable lack of medical expertise and resources for her conditions. She had spent her most formative years in the UK, was settled in school and her conditions were under control due to effective ongoing medical treatment.
Submitting a Section 120 Notice
To further protect the family’s position, we submitted a Section 120 Notice under the Nationality, Immigration and Asylum Act 2002; also known as a ‘statement of additional grounds’, which enclosed fresh evidence in support of the families claim.
The focus at this stage was to avoid a ‘certification’ by the Home Office.
While the application was refused, the claim was not certified due to new evidence being provided, and the Secretary of State gave a full right of appeal from within the UK.
Building the Case for Appealing the Decision
Because their daughter had not yet completed seven years of continuous residence in the UK, the matter would be for the Judge to decide based on the new evidence provided.
Because their daughter had not yet completed seven years of continuous residence in the UK, the matter would be for the Judge to decide based on the new evidence provided. We focused on the negative impact on the children, particularly the eldest child who would turn seven within months of the appeal being heard.
We promised Mr F that we would assist to the best of our professional capacity with complete hand-holding support. We advised on the documentation required for the appeal paperwork and took full statements from both Mr F and his wife setting out their circumstances, concerns for their daughter and their family if they had to return back to their home country.
Providing Expert Support to the Family Through the Appeal Hearing Process
Mr F and his wife attended the hearing and were cross-examined by the Home Office. The matter was then up to the judge to determine the merits of their case. It was agreed from the outset that the case itself was not that strong, however, by fully preparing the evidence for the hearing including expert reports and instructing a very capable barrister with experience of similar cases, we were able to increase this family’s chances of success.
The Human Rights Appeal was Allowed and the Family Were Allowed to Remain in the UK
The determination came through and, thankfully, we were able to give Mr F and his family the news they had hoped for. The judge allowed the appeal and the Home Office chose not to challenge the decision. As a result, we are happy to say the family are now able to continue their lives in the UK.
Ultimately, it was important that their daughter had access to the right healthcare for her ongoing medical conditions, and Mr F was able to secure employment, enabling him to provide for his family.
It was a priceless result in many respects. Once again, hard work, competence and passion has impacted positively on this family.