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

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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. 


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