Legal Guardianship under European Law - Appeal
On 29 December 2021, a tribunal decision allowing an EEA Regulation appeal was received. Our Vikas Sharma is also an English solicitor, therefore, he can appear in the tribunals/courts in England and Wales as well. He did one of such appeals in London last month. The entry clearance officer had raised doubts about the birth certificate of the child appellant and the sponsor guardian. Hence, doubt the genuineness of their relationship. Interestingly, the entry clearance officer while refusing the application had admitted that the sponsor was the legal guardian of the child. The entry clearance officer also did not accept that the sponsor was residing with the child. The sponsor was an Irish citizen and the four-year-old child appellant was from Pakistan. It was submitted before the tribunal at the appeal hearing that the appellant doesn't need to prove the genuineness of the relationship with birth certificates as the entry clearance officer has already accepted that the sponsor is the legal guardian. The only issue involved in the present appeal is whether the appellant meets the requirements of Regulation 8(1A) of Immigration (European Economic Area) Regulations 2016. As the application under the sai EEA regulations was made before the Brexit, the appeal was heard under transitional regulations. It was brought to the notice of the judge that the passport stamps and other evidence clearly confirm that the sponsor was residing with the appellant in Pakistan. Hence, all the requirements of Regulation 8(1A) were satisfied. We received a tribunal decision that allowed the appeal to end the three-year struggle for the appellant and the sponsor.