Our Reported Immigration Cases

We thought some might be interested in reading some of our reported immigration cases as Aberdeen Solicitors immigration specialist

The first case relates to a successful appeal to the upper tribunal relating to Human Rights under Article 8 The right to family life and the previous immigration rules in force at the time. A British woman living abroad wanted to return to the UK with her husband to look after her ailing mother. The refusal was on the basis of the husbands historic conviction and related to the definition of strong compassionate grounds.

The Second Case relates to an appeal in connection with the extension of spouse visa under the old immigration rules in view of a Section 120 notice. The Home Office are opposing the extension on the ground that the appellant was convicted by a non custodial sentence which in their view falls for mandatory refusal. The Upper tribunal upheld the view of the Home Office and remitted the case to the first tier tribunal for reconsideration We are challenging the view of the decision in relation to mandatory refusal.

The Third Case related to an application for a spouse visa was refused on the basis that the English Qualification was awarded by a centre that was no longer approved by the Home office. We successfully argued that the certificate was obtained at a time when the centre was approved therefore it cannot be invalidated retrospectively.

The Fourth Case related to an application seeking leave to remain on the basis that an Indian National would suffer persecution at the hands of authorities on account Section 498a of the Indian Penal Code under which the accused can be put into jail without any trial. The upper tribunal held that India is a country where the rule of law operates and refused our appeal.

The Fifth case involved a Malaysian national who had come to the UK as a dependant of her father in 2006. She had applied for a spouse visa which was refused as she and her husband did not satisfy financial requirements, however, as she had come to the UK in 2006 as a dependant of her father and lived with her parents since then without forming a independent family unit. The Upper Tribunal allowed our appeal on the basis of her family life with her parents and her husband under Human Rights Article 8 the right to family life.

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