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

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Appendix FM, family life as a Partner & Human Rights

Case facts

The Appellant applied to join her husband in the UK, referred as the Sponsor to the Appendix FM, Partner application. The application for leave to enter as a partner was refused on 9th August 2018, following the application being lodged on the 3rd of May 2018. 

The application was refused based on the relationship requirements and the Entry Clearance Officer did not accept the relationship including the intention to live together permanently in the UK. 

The Sponsor contacted ICS Legal following the appeal hearing being scheduled. He had lodged the appeal grounds and required ICS Legal to prepare the appeal bundle & represent the Sponsor & the Appellant at the hearing scheduled for 21st June 2019 at IAC Taylor House. 

Outcome of the matter

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 21st June 2019. We had just over 3 weeks to prepare for the appeal hearing. 

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 by ICS Legal, this was served to all interesting parties prior to the scheduled appeal hearing. 

At the date of the appeal hearing, the matter went before First Tier Immigration Judge at IAC Taylor House on the 21st June 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. 

The Immigration Judge did cross examine the Sponsor, finding him credible in their statements. The evidences presented to the Judge demonstrated that the relationship was genuine and subsisting. We put forward starred case laws, to demonstrate that both the Appellant and the Sponsor met the threshold as required by the Immigration Rules and the grounds raised by both the ECO & ECM was simply wrong. 

In evidence, we presented numerous documents including but not limited to third party statements, showing a background to both the Appellant & Sponsor's family life. The Judge agreed with our submissions and found that the Home Office refusal grounds was not justified. A decision was served on the 22nd July 2019, which was just over 3 weeks following the hearing. 

Whilst we do not wish to add our Client's feedback, we welcomed their feedback, as we continue to use our experience and knowledge in this field:

"Good day to you.
I am not sure if you have received any update from the Appeal Tribunal regarding my wife's appeal. My wife received today through her email the Appeal decision from the First-tier tribunal judge.

I am pleased to tell you with great joy that the appeal went in our favour, that the judge has allowed my wife's appeal. My wife and I would like to say BIG thank you, to you and your entire team for the great and excellent job, you and your team did to prepare my wife's case for the appeal. You are the best in what you do and we cannot thank you enough.

Also, we would like you to extend our sincere gratitude to Barrister Maqsood for the great job he did in presenting my wife's case wonderfully before the First-tier Tribunal judge and being supportive. It is our prayer that the grace of God continues to be upon him and his family.

Once again, thank you so much to you and your entire team for the successful work you have done. We are endlessly thankful. "

The decision was not challenged by the Home Office and the Appellant was granted leave to enter as a partner under Appendix FM Immigration Rules. 


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