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
Case Name: Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: IA/05480/2013
Date published: 6th September 2013
Jurisdiction: UK
Legislation type: Case-law
Court: Upper Tribunal - United Kingdom Immigration and Asylum (AIT/IAC)
Citation: [2013] UKAITUR IA54802013, [2013] UKAITUR IA054802013
Bailii URL: Read the full case ruling here. http://www.bailii.org/uk/cases/UKAITUR/2013/IA054802013.html
UK Government Tribunal Decisions: https://tribunalsdecisions.service.gov.uk/utiac/ia-05480-2013.
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