Human Rights Appeal for a NON-EU Child Living Over 7 Years in UK
Every parent wants to achieve the best for their children in all areas of their life. Mr. and Mrs. B both wanted the same for their child. Mr. B and Mrs. B’s immigration history was not stable, and they wanted to regularise everyone’s stay in the UK because their child had been in the UK for over seven years. It would be unreasonable to leave the UK now as the child was integrated in the UK and had an established life here.
Child Has Established Life in the UK – Strong Human Rights Claim
The child had arrived in the UK when he was six years old and spent the past seven important years of his life in the UK without ever travelling to his country of origin. The child was in Year ten; he was at a key stage of his education and he enjoyed many extra-curricular activities.
Human Rights Application Refused – UK Visas and Immigration (UKVI) Sees No Harm in Returning Child to Country of Origin
A human rights application was submitted, but UKVI refused the application stating that the whole family could live in their country of origin with minimal impact on the child.
A Y & J Solicitors were instructed by the parents of the child to lodge an appeal. We began very careful preparations and obtained an expert report as to how removal of the child would impact the family.
Human Rights Appeal Succeeds on Basis of Expert Report and Strong Preparation
The appeal was allowed by the First Tier Tribunal at the Immigration and Asylum Chamber.
The appeal was allowed by the First Tier Tribunal at the Immigration and Asylum Chamber. The First Tier Tribunal Judge found that the child had developed the culture and traditions of the UK, rather than his country of origin. The Judge also accepted that the child had well-established strong friendships in the UK and that the child would not have this quality of friendship in his country of origin. The Judge also found that the child was commendable, hard-working, and intellectually able but any removal would be disruptive as the child was entering his GCSE year which was a crucial period in his studies.
The above findings were made by the Judge on the basis of A Y & J Solicitor’s preparation of the appeal hearing and providing evidence to argue why it would be unreasonable for a child of his age and length of residence to be removed from the UK.