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15NBS Chambers

Deborah Revill wins Upper Tribunal entry clearance case on human rights grounds

By January 15, 2014No Comments

SW v Entry Clearance Officer

Deborah Revill achieved the rare feat of an entry clearance appeal allowed on human rights grounds, and then successfully opposed the Entry Clearance Officer’s appeal to the Upper Tribunal. SW applied to join her daughter, L, who was settled in the UK, but was refused as she was able to support herself financially and was living in physically comfortable conditions in her home country. On appeal, the First-tier Tribunal concluded that there were more than the ordinary emotional ties between SW and her daughter, that SW had sacrificed a lot to raise her as a single mother, and that she was now suffering from significant depression as a result of her isolation. The learned judge accepted Deborah’s submission that the free movement rights of L’s partner, a European citizen working in the UK, tipped the proportionality balance in SW’s favour.

The Entry Clearance Officer obtained permission to appeal to the Upper Tribunal, but Deborah successfully argued that the determination contained no error of law. The First-tier Tribunal’s findings therefore stand, and SW can join her daughter in the UK.