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Upper Tribunal decision on dependant relative - ICS Legal

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Introduction

The appeal went before the Upper Tribunal on the 28th August 2013 at Field House, and UT Judge Mcgeachy presided over the hearing. 

Case facts

The matter relates to a successful permission filed by ICS Legal. This appeal was following the First Tier Tribunal dismissing the adult dependant relative application, which was under paragraph 317 of the immigration rules. 

The Judge at the FtT did not accept the financial dependency and refused the application. Further issues related to the abuse that the appellant faced from her son was put forward to the Judge. Article 8 ECHR was part of the submissions. 

Outcome and decision by the Immigration Judge

The Upper Tribunal accepted the permission but following a full hearing, did dismiss the appeal. The tribunal did not accept the evidence related to the dependency. 

Further to that, Article 8 ECHR was not given due consideration. We do find that the UT observation on the evidences as a whole was unfair and not justified. 

Footnote – full details of where to read the details of appeal matter

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