UI2024005355 & Ors [2025] UKAITUR UI2024005355 (24 April 2025)

UI2024005355 & Ors [2025] UKAITUR UI2024005355 (24 April 2025)

The First-tier Tribunal Judge correctly identified and applied the 'serious and compelling' test under paragraph 297 of the Immigration Rules, considered the evidence in the round, and made findings that were rationally open to her. There was no material error of law in the assessment of the appellants' circumstances or the best interests of the children. The appeal amounted to a disagreement with the weight given to evidence, not a legal error.

Citation
[2025] UKAITUR UI2024005355
Parties
Appellant: Evans Okeyre Berchie; Appellant: Emmanuel Osei Berchie; Appellant: Madalene Osekreeo; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
24 April 2025
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
Appeal dismissed; First-tier Tribunal decision stands.
Legal Topics
Entry Clearance, Paragraph 297 Immigration Rules, Best Interests of the Child, Serious and Compelling Family Considerations, Section 55 Borders, Citizenship and Immigration Act 2009
Immigration Law Human Rights Law Entry Clearance Paragraph 297 Immigration Rules Best Interests of the Child Serious and Compelling Family Considerations Section 55 Borders, Citizenship and Immigration Act 2009

Case Brief

Summary, issues, holding and outcome

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Parties

Evans Okeyre Berchie

Appellant

Emmanuel Osei Berchie

Appellant

Madalene Osekreeo

Appellant

Entry Clearance Officer

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 dismissing the appellants' appeal against refusal of entry clearance under paragraph 297 of the Immigration Rules
  2. 2 Whether there were serious and compelling family or other considerations making exclusion of the appellants undesirable
  3. 3 Whether the best interests of the child were properly considered

Ratio Decidendi

The First-tier Tribunal Judge correctly identified and applied the 'serious and compelling' test under paragraph 297 of the Immigration Rules, considered the evidence in the round, and made findings that were rationally open to her. There was no material error of law in the assessment of the appellants' circumstances or the best interests of the children. The appeal amounted to a disagreement with the weight given to evidence, not a legal error.

Court Disposition

Appeal dismissed; First-tier Tribunal decision stands.