Although an applicant who submits a claim to the Home office has the hope that the outcome will be positive, that claim may however be refused with the Home office subjecting it to the certification procedure. The certification procedure operated by the Home Office in relation to human rights and asylum claims has the effect of either an outright denial of a right of appeal or a requirement that such an appeal right be pursued after the person has left the UK.
The UK Government has over the years (more so since July 2012) sought to introduce measures intent upon ensuring that foreign national criminals are deported or excluded from the UK. Where deportation appeals are won, the Home Office’s now predictable reaction is an onward appeal, challenging allowed Tribunal decisions and sometimes with success. Those subject to deportation therefore cannot afford to proceed upon an assumption that once a deportation appeal is won, the Secretary of State will not seek to appeal such a decision.
Persons settled in the UK may have come here under various categories of the immigration rules(or even illegally) and subsequently obtained settled status or become British citizens. Prior to their arrival to the UK, they may have left children in their country of origin, with such children resident abroad but still under the age of 18years. Upon the parent acquiring settled status, the expected course of action is to submit an application for entry clearance to enable the child’s entry to the UK.
If an adoption order is not recognised as valid in the United Kingdom, on the basis of current caselaw, obtaining an adoption order outside the UK with a view for a settled or EEA national sponsor to apply for entry clearance for the adopted child under either the Immigration Rules or EEA law means that the defect will be fatal to the application. Where such an application fails, it also seems simply not enough to argue family life arguments or the bests of the child in the alternative.
A mother or father subject to deportation proceedings may be caught up in a dilemma where they have a pending appeal in the immigration Tribunal either imminently to be heard or being heard whilst an application is pending in the family courts in relation to access to a child residing in the UK who is either a British citizen or has leave to remain. The question is whether to request an adjournment or proceed with the appeal without knowing the final decision of the family courts as regards their view where the best interests of the child lies.