HU121112015 [2017] UKAITUR HU121112015 (13 November 2017)

HU121112015 [2017] UKAITUR HU121112015 (13 November 2017)

The appellant met the requirements for entry clearance under paragraphs 309A and 310 of the immigration rules as a de facto adopted child; the Certificate of Eligibility was not required because the sponsors were not habitually resident in the UK at the relevant time and were not seeking adoption in the UK; maintenance and accommodation requirements were satisfied by evidence of earnings, dividends, and rental income.

Citation
[2017] UKAITUR HU121112015
Parties
Appellant: AS; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
13 November 2017
Procedural Posture
Immigration Appeal / Upper Tribunal, Consent to Withdrawal
Outcome
consent to withdrawal of respondent's case; appeal allowed
Legal Topics
De Facto Adoption, Entry Clearance, Habitual Residence, Special Guardianship Order, Certificate of Eligibility
Immigration Law Family Law De Facto Adoption Entry Clearance Habitual Residence Special Guardianship Order Certificate of Eligibility

Case Brief

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Parties

AS

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal, Consent to Withdrawal

Legal Issues

  1. 1 Whether the appellant meets the requirements for entry clearance under paragraphs 309A and 310 of the immigration rules
  2. 2 Whether a Certificate of Eligibility is required under paragraph 309B and section 83 of the Adoption and Children Act 2002
  3. 3 Whether there has been a genuine transfer of parental responsibility

Ratio Decidendi

The appellant met the requirements for entry clearance under paragraphs 309A and 310 of the immigration rules as a de facto adopted child; the Certificate of Eligibility was not required because the sponsors were not habitually resident in the UK at the relevant time and were not seeking adoption in the UK; maintenance and accommodation requirements were satisfied by evidence of earnings, dividends, and rental income.

Court Disposition

consent to withdrawal of respondent's case; appeal allowed

Orders

  • Entry Clearance Officer's refusal decision withdrawn
  • Appellant granted entry clearance under paragraphs 309A and 310