Case No. UKUT-00108-(IAC)

• whether the parent(s) and/or child are a citizen of the country and so able to enjoy the full rights of being a citizen in that country; • whether the parent(s) and/or child have lived in or visited the country before for periods of more than a few weeks. The question here is whether, having visited or lived in the country before, the child would be better able to adapt, and/or the parent(s) would be able to support the child in adapting, to life in the country; • whether the parent(s) and/or child have existing family or social ties with the country. A person who has extended family or a network of friends in the country should be able to rely on them for support to help (re)integrate there; • whether the parent(s) and/or child have relevant cultural ties with the country. The caseworker must consider any evidence of exposure to, and the level of understanding of, the cultural norms of the country. For example, a period of time spent living mainly amongst a diaspora from the country may give a child an awareness of the culture of the country; • whether the parents and/or child can speak, read and write in a language of that country, or are likely to achieve this within a reasonable time period. Fluency is not required – an ability to communicate competently with sympathetic interlocutors would normally suffice; • whether the child has attended school in that country.” The last discrete segment of this section, under the rubric of “( f ) Other specific factors raised by or on behalf of the child”, states: “Parents or children may highlight the differences in the quality of education, health and wider public services or in economic or social opportunities between the UK and the country of return and argue that these would work against the best interests of the child if they had to leave the UK and live in that country. Other than in exceptional circumstances, this will not normally be a relevant consideration, particularly if the parent(s) or wider family have the means or resources to support the child on return or the skills, education or training to provide for their family on return, or if Assisted Voluntary Return support is available.” (ii) Within the “Introduction” section of the IDI, we have identified an interesting passage. It is stated at pages 5 – 6 [paragraph 1.1]: “This guidance must be used by decision makers considering applications under the family and private life Rules in Appendix FM and paragraphs 276 ADE(1) – DH.