UK Certification Procedure and Appeals: What the Home Office Consider A Weeding Out of Abusive, Spurious, Repetitious And Unfounded Claims

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.

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The Deportation and Exclusion Regime for EEA And Non- EEA Foreign National Criminals: Of Deportation Orders, Exclusion Decisions and Exclusion Orders

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.

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Children Route Applications Under the Immigration Rules : Part 8 Of The Rules Largely Preserved

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.

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Children Adoptions and Inter Play Between The Immigration Rules and EU law: Exclusion of Children From The UK, Denial of EEA Family Permit Where The Adoption Is Not Recognised Under UK Law

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.

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DEPORTATION: Inter- Relationship between family and immigration proceedings affecting the best interests of the children

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.

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