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Decision under appeal
Decision under appeal
The Appellant’s appeal against the Respondent’s decision to refuse her application was dismissed by the Judge and it is that decision which is the subject of the appeal before the Upper Tribunal. We will set out the decisions and reasons which are challenged below.
- Heading
- The Appellant is a child. Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the Appellant is granted anonymity. No-one shall publish or reveal any information, including the n
- The Issue
- The Background Facts
- Decision under appeal
- Grounds of Appeal
- The Legal Framework
- Interpretation of the Immigration Rules
- Ground 1: Paragraph 310(vi) of the Immigration Rules
- Analysis
- round 2: Paragraph 310(ix) of the Immigration Rules (The ‘inability of the original parents’ And ‘genuine transfer of parental responsibility)
- Inability
- Analysis
- Inability continued
- Analysis
- Genuine transfer
- Ground 3: The Article 8 Proportionality Assessment
- Disposal
- Conclusions