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Human Rights Victory ‘Insurmountable obstacles preventing the continuation of family life outside the UK’

HRM-2

Human Rights Victory ‘Insurmountable obstacles preventing the continuation of family life outside the UK’

First Law Solicitors achieved a significant victory in our client’s case who was facing complex immigration challenges. Despite not qualifying for the partner routes and a UKVI refusal, our legal team presented a compelling case.

The central issue involved our client’s marriage to a British citizen. The UKVI contested the application, asserting that there were no insurmountable obstacles preventing the continuation of family life outside the UK.

Our legal strategy emphasised the unique circumstances. Our client’s wife, of Indian background, faced potential employment difficulties and security risks in Nigeria. Additionally, the couple’s pursuit of IVF treatment in the UK added a layer of complexity, with the claim that the same standard of treatment would not be accessible in Nigeria.

At the First-tier Tribunal, Immigration Judge acknowledged these challenges and allowed the appeal on human rights grounds. The judge considered the application of Article 8 outside the Immigration Rules and determined that returning our client to Nigeria would be unduly harsh and disproportionate.

Although permission to appeal to the Upper Tribunal was granted, the Deputy Upper Tribunal Judge, after careful consideration, upheld the decision of the First-tier Tribunal. Notably, the judge acknowledged the absence of adverse factors specific to our client, such as a criminal record or dependence on public funds.

This success story underscores First Law Solicitors’ commitment to navigating intricate immigration cases and securing positive outcomes for our clients. It exemplifies our dedication to upholding human rights and achieving justice in challenging legal landscapes.

https://tribunalsdecisions.service.gov.uk/utiac/pa-10914-2017

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