UI2026000500 & UI2026000502 [2026] UKAITUR UI2026000500 (27 April 2026)

UI2026000500 & UI2026000502 [2026] UKAITUR UI2026000500 (27 April 2026)

The First-tier Tribunal made sustainable findings of fact regarding the appellants' circumstances, including the lack of parental care, temporary nature of arrangements, and the precarious and dangerous situation in Ethiopia, and properly applied the guidance in Mundeba. There was no error of law in concluding that...

Source-derived case information.

Citation
[2026] UKAITUR UI2026000500
Parties
Appellant: Entry Clearance Officer; Respondent: Samrawit Tesfay; Respondent: Yafet Tesfay
Jurisdiction
United Kingdom
Judgment Date
27 April 2026
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
Appeal dismissed; First-tier Tribunal decision upheld; appeals allowed
Legal Topics
Entry Clearance, Paragraph 297 Immigration Rules, Serious and Compelling Family Considerations, Article 8 ECHR, Adoption Recognition
Immigration Law Entry Clearance Paragraph 297 Immigration Rules Serious and Compelling Family Considerations Article 8 ECHR Adoption Recognition

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Parties

Entry Clearance Officer

Appellant

Samrawit Tesfay

Respondent

Yafet Tesfay

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in finding that the requirements of paragraph 297(i)(f) of the Immigration Rules were met
  2. 2 Whether the First-tier Tribunal properly applied the guidance in Mundeba (s.55 and para 297(i)(f)) [2013] UKUT 88 (IAC)
  3. 3 Whether the circumstances of the appellants amounted to serious and compelling family or other considerations making exclusion undesirable

Ratio Decidendi

The First-tier Tribunal made sustainable findings of fact regarding the appellants' circumstances, including the lack of parental care, temporary nature of arrangements, and the precarious and dangerous situation in Ethiopia, and properly applied the guidance in Mundeba. There was no error of law in concluding that paragraph 297(i)(f) was met and the appeals should be allowed.

Court Disposition

Appeal dismissed; First-tier Tribunal decision upheld; appeals allowed