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.

Continue reading

FEMALE GENITAL MUTILATION: How difficult is it to obtain Refugee Protection in the UK?

Women and children claiming asylum in the United Kingdom who fear return to their countries of origin on the basis that they will be subjected to Female Genital Mutilation (FGM) may be a member of a particular social group for the purposes of the 1951 Refugee Convention.

Read more on what the UK government’s stance on the practice and how it is dealt with where an asylum seeker raises the convention reason.

Continue reading

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.

Continue reading