The facts
2. The appellant’s mother died in March 2010 of renal failure . A copy of a death certificate was provided to the Tribunal. The appellant is currently living with his grandmother in Jamaica. She is now 74 years old. The appellant’s grandmother had suffered a stroke and was partially paralysed on the left side as well as having speech and memory impairment. The judge accepted on the strength of the medical evidence that the appellant grandmother would be unable to carry out a role as a parent to a teenage boy. 3. T he appellant’s father can no longer be traced but took no active part in bringing up the appellant. He disappeared in February 2016 and the Jamaican police suspected that they had discovered part of his body but were unable to identify it positively as the father. The sponsor’s mother and father (the appellant’s maternal grandparents) had been separated for more than 35 years and the sponsor financially supported (and continues to support) both the appellant’s grandmother and the appellant. 4. The appellant has four siblings in Jamaica. All of them are adult and have left home. There are two older sisters. The appellant’s two brothers , aged 26 and 24 respectively , have never been considered as suitable to look after the appellant during his minority. His two sisters have shown no willingness to do so. 5. In 2011, s hortly after the dea th of the appellant’s mother, Ms C M commenced adoption proceedings in Jamaica. Jamaica was one of several countries named in the Adoption (Designation of Overseas Adoptions) Order 1973 (‘the designated list’) as they related to adoptions made from 1 February 1973 to 2 January 2014. Such adoptions were recognised in the United Kingdom . On 3 January 2014, the designated list was revoked and replaced by the Adoption (Recognition of Overseas Adoptions) Order 2013 and the 2013 Scottish R egulations. Jamaica was omitted from the list of countries whose adoptions , since January 2014, were recognised in the United Kingdom . Only the c ountries so listed were known as ‘overseas adoptions’. 6. Th e appellant submitted a Jamaican adoption certificate dated 16 December 2014 as part of her application. By then, this adoption certificate had ceased to be recognised by the authorities in the United Kingdom .
- Introduction and immigration history
- The facts
- Adoption
- The prohibition upon entry on those whose adoptions are not recognised in the
- to the prohibition
- The Immigration Rules
- Requirements for limited leave to enter the United Kingdom with a view to settlement as a child for adoption
- Limited leave to enter the United Kingdom with a view to settlement as a child for adoption
- ’s decision
- The error of law
- The significance of the Regulations
- doption and the Immigration Rules
- has…broken his ties…with his family of origin’
- Our re-evaluation of the First-tier Tribunal’s determination
- The Rule 24 response
- What was the intended outcome?
- DECISION
- Adoptions with a Foreign Element Regulations 2005/392
- Adoption Agencies Regulations 2005/389 (as amended)
- Stage 1 – the pre-assessment process
- Stage 2 – the assessment decision
