Case No. UKUT-00197-(IAC)

42. Nevertheless, paragraph 316A imposes yet further requirements which may not be the same considerations as the adoption agency or the DfE is required to assess. It is, however, very likely that the requirements of the Immigration Rules have been touched upon in the adoption panel’s assessment. For example, sub-paragraph (viii) of paragraph 316A requires that the appellant will be adopted in the United Kingdom in accordance with the law relating to adoption in the United Kingdom which must necessarily include the work of the adoption agency and the DfE . Further, in the same sub-paragraph, an adoption of ‘ convenience arranged to facilitate the child’s admission to the United Kingdom ’ is prohibited. However, it seems unlikely that the assessments made by the agency and the adoption panel will not have considered whether the adoption is genuine and not one of convenience. 43. Similarly, the requirement in paragraph 316A(vi) that the adoption is due to the inability of the original parent or carer to care for the child and, therefore, a genuine transfer of parental responsibility to the prospective adopter is likely to have featured in the adoption agency’s report on suitability and the Certificate of Eligibility. ‘