The Appellant held leave to remain under the DL route and applied in time for an application for further leave to remain as a "parent". His application was completed through another law firm which the Appellant had instructed and this was refused on the 5th of September 2012.
Outcome of the matter
The Appellant contacted ICS Legal following the refusal and instructed us to complete the appeal before the First Tier Tribunal. We found that the application contained a number of key evidences missing and advised the Client to produce further evidences in order to meet the parent route under Appendix FM of the Immigration Rules HC395.
We prepared the Client's appeal bundle and this was served to all interesting parties prior to the scheduled appeal hearing.
On the 29th Oct 2012, the matter went before IAC Taylor House. The First Tier Tribunal Judge was presented with the case and we argued that the Appellant had now provided further evidences to demonstrate that he has access rights to his child, that he plays an important parental role towards the child's upbringing and that it would be unlawful to deny leave to remain. In addition to this, we explained the Appellant's length of residency in the UK, his settled private life as well as that of his family life & the principle of fairness must apply in this case.
We also put forward to the First Tier Tribunal Judge that the child's best interest must be considered and that the decision by the Home Office was unlawful in line with Article 8 ECHR.
Our submissions included starred case laws which included but not limited to ZH (Tanzania)  UK SC4, E-A (Article 8 - best interests of child) Nigeria  UKUT 00315 (IAC) and LD (Article 8 - best interests of child) Zimbabwe  UKUT 278 (IAC).
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 remain.
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