After Hesham Ali: Unrepresented Claimant With UK Resident Children Successfully Resists Deportation In Court Of Appeal

Following a long line of recent negative decisions in the Court of Appeal in cases such as The Secretary of State for the Home Department v AJ (Zimbabwe) [2016] EWCA Civ 1012,  the newly notified case of Quarey, R (on the application of) v The Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 47 is a much welcome  decision  in relation  to potential deportees  with children resident in the UK.

 

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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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