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Appeal

Successful appeal case

April 20, 2020 1,197

A client of ours was a child who lived in Iran with family members. His mother also lived in Iran but she was divorced from the child’s father and the child no longer lived with her. The father had some time previously come to the UK and become a refugee and ultimately a British citizen.

The child had made a visa application to come to the UK and join his father on a permanent basis but the Entry Clearance Officer (ECO) at the British Embassy had refused the application. They said that there was not sufficiently good evidence of the relationship between the father and son and also that there was not good evidence that the father had had “sole responsibility” for the son’s upbringing (which is a requirement in the immigration rules).

We advised our client to appeal to the First-Tier Immigration Tribunal against the ECO’s decision, and we conducted the appeal for him at Taylor House in central London. We got the son’s father to give oral evidence before the judge to support the son’s case.

We are happy to say that the appeal was successful. Although the judge was not satisfied that the case met the “sole responsibility” requirement nonetheless they thought that there were serious and compelling circumstances and that it would be a breach of the son’s and the father’s Article 8 family life human rights not to allow the appeal.

So the son succeeded and he will get his visa to come to live with his father.

Family appeals before the Tribunal can be difficult but if the right evidence and the right sort of legal argument are presented they can have a good outcome.

If you have had your family visa refused you should have the right of appeal. We can help you, first of all by advising you on the strength of your case and whether appealing is the best way forward. And, if we do agree to proceed with your appeal, we have many years’ experience of family appeals and we can prepare your case to the best standard.

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