•  
    Mon-Fri 9am-6pm
  •  
    020 7237 3388
    (UK Local Number, 1p per min)
  •  
    info@icslegal.com
  •  
    ICS Legal, Suite 11, City Business Centre,
    Lower Road, London SE16 2XB

Adult Dependant Relative, Appendix FM Immigration Rules, First Tier Tribunal determination dated 11th Oct 2019

Card image cap

Adult Dependant Relative, Appendix FM Immigration Rules

Case facts

The Sponsor applied for his elderly mother to join him in the UK under the Adult Dependant Relative route on 15th January 2019, however the application was refused on the 26th of February 2019 with full rights of appeal. The Sponsor had then appealed in time following the refusal and then took advice from ICS Legal.

The application was refused on the grounds that there were not sufficient evidences presented at the date of application and specified evidences from the Immigration Rules were missing. 

Outcome of the matter

The Sponsor contacted ICS Legal following the appeal was lodged by the Sponsor on behalf of the Appellant. We assessed the appeal grounds, and advised that the appeal grounds was required amended. This was lodged with the permission of the First Tier Tribunal. It was important we served that amended notice, as the Sponsor did not raise the correct appeal grounds which was required to be in challenge and part of the legal process, the Entry Clearance Manager is required to consider as part of the appeal process.

As part of the appeal process, directions were served by the Tribunal, for both the Appellant & the Home Office to serve appeal bundles prior to the appeal hearing which was scheduled on the 10th of October 2019. We advised both the Appellant and Sponsor following a detailed assessment, a list of specified evidences to support the appeal bundle and drafted a number of statements including skeleton argument, which was submitted to the First Tier Tribunal. Once the extensive appeal bundle was prepared, this was served to all interesting parties prior to the scheduled appeal hearing. 

The matter went before First Tier Immigration Judge Mill at IAC Hatton Cross on the 10th of October 2019. We presented the Immigration Judge with evidences to support the claim that the refusal was unlawful and that the decision reached by the Home Office was not in line with the Immigration Rules. As part of our submission, we challenged the Home Office on their decision, arguing that it was wrong to refuse the adult dependent visa application. 

Our submissions included starred case laws which included but not limited to the case of procedural fairness were distilled by the President of the Immigration and Asylum Chamber in MM (unfairness; E&R) Sudan [2014] UKUT 105 (IAC) (from the decision of the Court of Appeal in R v Chief Constable of Thames Valley Police ex p Cotton [1990] IRLR). 

The First Tier Tribunal Judge agreed that the Appellant had met the threshold and the appeal was allowed. The decision was not challenged by the Home Office and the Appellant was granted leave to enter as an Adult Dependant Relative. 

End.

Categories
Related Cases

Immigration Deportation Order, First Tier Tribunal determination dated 14th January 2013

Immigration Deportation Order  Case facts The Home Office served the Appellant on the 14t...
Read More


Appendix FM, family life as a Parent, First Tier Tribunal determination dated 5th Nov 2012

Appendix FM, family life as a Parent Case facts The Appellant held leave to remain under ...
Read More


Adult Dependant Relative on Human Rights Grounds, First Tier Tribunal determination dated 11th Sep 2019

Adult Dependant Relative on Human Rights Grounds Case facts The Appellant arrived in the UK as...
Read More


Private Life on Human Rights Grounds, First Tier Tribunal determination dated 20th Aug 2019

Private Life on Human Rights Grounds including a judicial review application Case facts The Ap...
Read More


Appendix FM, family life as a Partner, First Tier Tribunal determination dated 22nd July 2019

Appendix FM, family life as a Partner & Human Rights Case facts The Appellant applied to j...
Read More

ICS Legal : UK Immigration Advice | UK Visas | Partners & Marriage Visas | Tier 1 Start-up, Tier 1 Innovator & Tier 1 Investor Visas | British Citizenship. ICS Legal is part of ICS Legal Immigration Specialists Ltd. The content and the source codes contained in this page and subsequent pages of www.icslegal.com are the property of ICS Legal Immigration Specialists Ltd. Company Reg Company No. 08703375. Company Registered in England & Wales. By logging into the site, you have accepted our terms and conditions and must abide accordingly. Unauthorised reproduction and copying is strictly prohibited. Selective contents of the website have been re-produced in accordance to Office of Public Sector Information (OPSI). ICS Legal Immigration Specialists Ltd holds PSI Licence and licence number is C2009002244. Parliamentary Licence number is P2009000241. 


The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them.

Stay in touch

Subscribe to receive our latest immigration alerts