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.
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.
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.