10 July 2019

Recent successful appeal (Human Rights) regularised under exceptional circumstances

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My client, a national of India, who came to the United Kingdom in 2009, became an overstayer after her leave to remain as a student expired. The client’s application for leave to remain was submitted in 2016 on the basis of her established private and family life in the UK along with medical grounds. The said application was refused by the Home Office. The matter was taken to the First tier Tribunal and after two hearings, Judge Shore finally allowed the client’s appeal on Human Rights grounds.

The Appeal was allowed in light of the client’s exceptional circumstances even though the client had only been in the UK for less than 10 years. She only had leave to remain for the first couple of years of her residence in the UK.

It was held that the client’s case in the round, the client had shown on the balance of probabilities that she faces very significant obstacles to her re-integration into India. FTJ concluded by stating Whilst I find that none of these factors individually are very significant obstacles within the meaning of paragraph 276ADE(1)(vi), I find that taken as a whole and bearing in mind the words of Underhill LJ, the Appellant has shown on the balance of probabilities that she faces very significant obstacles to her re-integration into India if she is returned. Her appeal therefore succeeds under paragraph 276ADE(1)(vi).

The client has now been issued with leave to remain by the Home Office and happily resides in the UK.

The appeal and the decision of Judge Shore demonstrates the positive decision making by the First tier Tribunal Judges provided the case is presented properly with detailed evidence. This is one of the many examples showing the importance of Human Rights in the UK.

It is to be noted that cases involving Human Rights are complex and require expert legal advice along with case working. There might be certain aspects in your matter which could result in grant of leave to remain.   

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