Successful Immigration Appeal for 11-year old client

Success - Latta & Co Solicitors

An 11 year old girl represented by Latta & Co Solicitors has won her immigration appeal before the Upper Tribunal.  As a result she is allowed to remain the UK with her mother, stepfather, and other close relatives.

This was a case in which officials from the UK Home Office had detained the Appellant and her mother for several hours on their arrival at Heathrow airport.  The mother had a correct form of visa but her daughter did not.  Eventually the officials allowed them to enter the UK but ordered that the daughter must leave within 2 weeks.  Soon afterwards other Home Office employees, on a Home Office telephone enquiry line, informed the family that their daughter could remain in the UK by making an application for further leave to remain within that 2 week period.  Therefore they made this application.  A decision on the application was then delayed due to delays in obtaining documents from the girl’s country of origin.  Eventually the Home Office refused the application.  The Appellant appealed to the First-tier Tribunal.  The First-tier Tribunal upheld the Home Office refusal decision.  The Appellant obtained permission to appeal to the Upper Tribunal.  She then instructed Latta & Co Solicitors to represent her before the Upper Tribunal.

Two hearings before the Upper Tribunal followed.  At the first hearing an Upper Tribunal Judge agreed that the First-tier Tribunal decision contained material errors in law.  Therefore he directed that the appeal be re-heard.  At the re-hearing before the Upper Tribunal the Home Office argued vigorously that the Appellant must return to her country of origin and make a new visa application from there.  Latta & Co argued that this would have been expensive, impractical, legally very difficult and wholly contrary to the girl’s best interests.  The Upper Tribunal Judge agreed that the best interests of the child required that she be allowed to remain in the UK.  Those best interests outweighed any wrongdoing on the part of her mother by failing to obtain the correct visa for her daughter originally.  Therefore the appeal was allowed.

Successful Immigration Appeal for 11-year old client by RG

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