Latest Appeal at Upper Tribunal
Our client a Thai national arrived in the UK on a spouse visa along with her British husband and Children. However, her relationship with her husband broke down. He moved with their two children to another city. She could not move close to her children as her visa had expired and she had no place to live in the new city. Her application for leave to remain on the basis of her British children was refused by the Home Office on the ground that she was playing no role in the upbringing of her children as they lived in another city with their father. The First-tier Tribunal dismissed our appeal holding that even though the relationship is genuine and subsisting with her children, there will not be any disproportionate interference if the appellant is removed from the UK. Our applications for permission to appeal were refused by both the First-tier Tribunal and the Upper Tribunal. We challenged the refusal of the application of permission to appeal by the Upper Tribunal by way of Judicial Review in the Court of Session of Scotland. Ther parties entered in a joint minute that the application for permission to appeal may be reinstated before the Upper Tribunal. The Vice President of the Upper Tribunal allowed the application for permission to appeal. The appeal came up for a hearing before the Upper Tribunal in the first week of August 2019. The Upper Tribunal allowed the appeal as the there was a finding of the First-tier Tribunal that there is a genuine and subsisting relationship between the mother(appellant) and her British children. Hence, Section 117B(6) of Nationality, Immigration and Asylum Act 2002 applied. The Upper Tribunal allowed the appeal on the day of hearing itself. We are now waiting for the Home Office to grant the appelalnt leave to remain in view of the deicison of the Upper Tribunal.